UNIVERSITY  OF  CALIFORNIA 
AT    LOS  ANGELES 


GIFT  OF 

A.    t*\    'vlorrison 


Ki 


I 


.*>  4^ 


4 


THE 

HISTORY 

POLITICAL  PARTIES  ... 

IN  THE 

STATE  OF  NEW-YORK, 

FROM    THE   RATIFICATION    OF    THE    FEDERAL 
CONSTITUTION    TO   DECEMBER,    1840. 

IN    Tiro    VOIvUMES. 

By  JABEZ  D.  HAMMOND,  L.  L.  D. 

FOURTH  EDITION,   CORRECTED  AND   ENLARGED 

TO  WHICH  ARE  ADDED, 

NOTES  BY  GEN.  ROOT. 


VOL.  II. 


SYRACUSE: 
HALL,     MILLS     &    CO. 


1852, 


Eiilcred  according  lo  an  Act  pf  Coii;^ress  in  the  year  1842,  by  Jabk7,  D 
ILiimoKK,  in  the  oflire  of  the  Clerk  of  the  Northern  District  of  Ncw-Yorl? 


CONTENTS. 


CHAPTER  XXVII. 


[Convention.] 

Selection  of  delegates  made  a  party  question— Names  of  distinguished  delegates,  2—3 — 
Dutcliess  rieleaation — D.  D.  'i'ouipAins  president — Reporters,  4 — Coniniiitee  of  thir- 
teen—kjuljei  ts  referred  to  coimuitteeji,  5 — (jen. 'I'allmadge's  report  for  al  olishing  the 
council  of  revision,  7— Gov.  'I'onipkins'  proposition,  Ir — Livingston's  amendment  on 
the  Gov.  veto,  t* — ylieldon's  report  O'l  the  term  of  Gov's,  otlice,  9— Van  liuren's 
speech,  11—13 — Rejiort  on  senatorial  districts,  i:J — On  tlie  eliiil.ility  of  meml.ers  of 
the  legislature  for  receiving  office  by  appointment  (luring  the  term  for  whirli  they  were 
elected — Tenure  of  office — Connnon  school  fund  inviulalile,  14 — Klective  franchise — 
Peter  A.  J.iy's  remarks  on  negro  sulfrage,  1.";— It' — Further  deiiates — Koot,  Young,  Van 
Biiren,  &■•.,  18— 23— Speeches  oiJu.ige  Spencer,  Kent,  Koot,  "JS— 47 — Remarks,  49— Re- 
pori  of  coMuniitec  o:i  tlie  judiciary,  .rJ— 01 — The  appointing  power,  U4— 7? — Address  of 
the  convention  to  the  people,  Hu— Kacon's  speecli,  tl — Thanks  to  president — his  re- 
ply, 63 — Conveaiioii  adjourned — Last  political  action  of  Gov.  Tompkins,  b4. 

CHAPTER  XXVm. 

[From  Nov.  10,  ISJI,  to  Jan.  1823.] 

Meeting  of  congress — Taylor  elected  speaker,  f6 — Legislature  assemble — Romaine 
speaker,  87 — Governor's  speech— Ulshoelfer's  resolution,  tS — Report  on  answer,  90 — 
Clintonian  party  dissolved— Last  council  of  appointment,  91 — Laws  respecting  elec- 
tion—Lottery  system— t  oiitract  of  lir.  Nott  with  Mclntyre  and  Yates,  93 — M.ijority 
for  new  constitution,  94 — S.  Van  Rensselaer  appointed  I'.  M.  at  All  any,  0.5— Liispute 
about  caniliilatel'or  Gov.,  97— Yates  and  Young — Yates  nominated— Soiithwick  a  can- 
didate, iU) — Yates  elected,  lul — Names  ot  senators  elected,  1U2— Democratic  major- 
ity, 104. 

CHAPTER  XXIX. 

[From  Jan.  1,  1823,  to  Jan.  1,  1S2-1.] 
Meeting  of  legislature— P.  R.  Livingston  speaker— Letter  from  J.  Sutherland,  106— Re- 
marks on  executive  message — Nominntion  of  judges  of  supreme  court,  l(Jb' — Spencer 
and  I'latt  rejected.  Hi)— Sanford  chancellor— Savage  and  Sutherland  appointed  Judges 
of  Suijreme  Court — their  character— Uetts  rejected  by  senate,  113 — Contest  in  caucus 
respecting  otTice  of  comptroller,  ll.j — Rejection  of  nomination  for  notary  public,  110 — 
Circuit  Judges— their  compensation,  117 — Ooswell  and  Leake  state  printers,  121— Re- 
solution proposed  to  discontinue  the  use  of  titles,  12;3— Candidates  for  presidency, 
12.3—M,  M.  Noah— Schisms  in  N.  Y.,  130— Electoral  law,  121— "  People's  Party," 
IStJ— Address  to  Chan.  Kent,  13.3— Death  of  John  Wells,  13.5— and  of  Prockliolst  Liv- 
ingston, 136— Smith  Thompson  U   S.  Judge,  137— Death  of  Judge  Van  Ness,  138. 

CHAPTER  XXX. 

[From  Jan.  1,  1S21,  to  Jan.  1,  1?2.5.] 
Legislature  convene,  139 — Goodell  sp>"aker— Gov.  message — Revision  of  statutes,  140— 
Mode  of  choosing  presidential  electors,  M.3 — Committee  of  nine,  144— Caucus  at 
Washington,  1-19—llarrisburjr  convention  nominate  Gen.  Jackson,  130 — Wright's  pl.-\n 
forohoosinu'  presideatial  electors,  l.)2— Electoral  hill  rejected  in  the  .«enate."l.)3 — Ef- 
forts to  render  (Jov.  Yates  unpopular,  1.5! — Author  of  articles  signed  Butlalo— Col 
Young  nominated  for  Gov.  l.iii— Albany  Regency— People's  Party  caucus,  l.')7— Gen 
Jackson  nominated  in  N.  Y..  V,9 — Clinton  removed  from  office  of  canal  commissiotier, 
1.59— Speech  of  (^utininuham.  180 — Meeting  at  .Albany  on  removal  of  Clinton— Mc- 
Kown's  resolutions,  lfi3— Clinton's  friends"  insist  on  supporting  him  for  Gov.,  1C.5— 
Gov.  Yates— eficct  of  his  ine.ssnse  on  his  popularity.  106 — Change  of  the  state  print- 
ing, 107— Extra  session  of  the  legislntiire  and  'esolntioii  of  Mr.  Flagii,  IGS— Prepara- 
tions for  Ulica  convention,  170 — Haines'  activity  in  procuring  Cliaton's  nomination — 
Clinton's  nomination  opposed  bv  the  Peo'  le's  I'nrty,  171— (Ttica  convention,  172 — 
People's  Party  propose  John  W.Taylor,  17.3— Clinioii  nominated— Col.  Young's  let- 
ter, 174— Result  of  election— Senators  elected,  175 — Presidential  electors,  176— Chem- 
ical Bank,  N.  Y.,  178. 


iv  CONTKNTS. 

CHAPTER  XXXI. 

[From  Jan.  1.  lti>,  to  Jan.  1,  1926.] 
Nov  Befwion.  181— Revision  of  ilie  sutues— HoM  over  act,  192— Attempt  to  persuade 
"  Clinton  to  <-oneili.ite  liic  I'coplfs  party.  1-3—  Le-jislatiire  ass-emble— (^rolius  s[)eaker— 
Sul.jefti  of  Uov's.  nip-sat'e,  l-;>-rresi.lei.tiaI  votes,  lf<-^— Attempts  to  choose  U.  S. 
HMiaior  isr'— No  elf^lion.  105— In  aaseniblv.  want  of  uuity,  llii;— Dudley  U  S.  sena- 
tor—<;  'll.  Harstow.  ireriMiror— A.lanis  teiuicrs  w  Clinton  tite  appoinunent  of  minister 
lo  •;  liriiain— -.vho  ileclinw,  111)— Kina  .■ippointed- <'oniniissioiJers  to  survey  southern 
Ftni«  roail.  •.'UI— Clinton  visits  I'liiliulilphia  anil  Oliio,  -2  :)— DeaUi  of  Juilgo  Skinner— 
Apiwiuuiicnt  of  Conklin.  2.1— Ccletration  of  c(jiiiplciion  of  canals,  205— Senators 
••l«vt<(i,  206—0011  gicss  lucet— J.  W.  Taylor  speaker,  207. 

CHAPTER  XXXH. 

(From  Jan.  1,  1826,  to  Jan.  1,  1S27.] 
Loeislaiure  meet- Col.  Voiing  speaker,  2^S— Gov's,  messaae;  209— S.  Jones  chancellor, 
212— Apiniiniiiieiil  of  state  otrirrrs,  214— t.'oininunication  of  Mr.  Ward,  21.j— Election 
of  iustici-^  o(  the  (le.iee  by  the  people-ConiMii^sioner.*  report  on  state  road.  218— Bill 
for  roi.striirtiiii!  road  indeliiiitcly  postponed,  2i3— Rochester  minister  to  Panama, 
•jij_|)ciiiorralic  nirnibers  of  asseinlily  recoiiiinend  convention   for   nominating  Gov., 

o> Vote  vt  thanks  to  Col.  Vouii?,  22!> — iJeath  of  .\dains  and  Jefferson— and  Judge 

Van  Ness,  2:1(1 — Clinton  nominated  for  Gov.— Huntington  for  Lieut.  Gov.,  2:31— Con- 
vcnuon  at  Herkimer,  233— Nomination  of  Jndae  Rochester  and  Gen.  Pitcher,  233— 
ainwn  and  Pitcher  elected,  23J— Democratic  majority  in  legislature,  236. 

CHAPTER  XXXni. 

[From  Jan.  1,  1927,  to  J<in.  1,  1828.] 
^Masonic  societies— William  Alorpan  arrested,  2.3- — Clinton  being  a  mason  loses  votes, 
Sia — Judt:e  Rocliester  leaves  lor  Panama — Lesrislaljire  meet,  241 — Gen.  Root  speaker, 
'M'i — Gov's.  mes!-aye — on  canals — on  banks,  244 — Debates  on  state  road,  245 — Demo- 
cratic party  well  organi/./'d.  2.')2 — Opposition  to  Adams,  2.J3 — Jackson  party,  254 — A 
convention  in  favor  of  protecting  manufactures,  and  resolutions,  257 — Meeting  at  Tam- 
many Hall  in  favor  of  Jackson— protest,  25-'— Deatii   of  Thomas  A.  Emmet,  261. 

CHAPTER  XXXIV. 

Troni  Jan.  1,  1-29,  to  Jan.  1,  1929.] 
I.ieeislature  convene — Root  s()eaker — Distinguished  members  of  both  parties,  262 — Gov. 
Clinton's  last  message,  20I^Wardweirs  resolution  on  the  tariff— Death  of  Clinton, 
26C — Remarks  un  his  character,  2711--IJ — sum  of  money  granted  to  his  family,  276— 
Pitcher  acting  (Jov. — mess^ipe  recominenns  prosecution  for  the  murder  of  Morgan, 
277— Judges  of  Superior  court  of  N.  Y.  appointed,  279 — Walworth  appointed  chan- 
V 'fllor,  2H1 — Legislative  caucus — Porter  secretary  of  war.  291 — Adams  convention, 
8W — Political  anti-masons — -Adams'  state  convention  at  Utica,  294 — Thompson  and 
Gran|{er,  Adams'  candidates  for  Gov.  and  Lieut.  Gov.,  295 — Van  fiuren  and  Throop 
democratic  canilidates — Presidential  electors,  299. 

CHAPTER  XXXV. 

[From  Jan.  1,  \^£\,  to  Jan.  1,  1930.J 
L<*gl»laturc  convene — Jordan  resiirns,  2!i2 — Gov.'spiessage,  293 — on  banking,  297 — Dud- 
ley eliTted  C  H.  senator,  30.3 — State  officers, '3jn— Prosecution  for  the  murder  of  Mor- 
gan, .10.'>— Van  Buren  secretary  of  State — Throop  acting  Gov.  306 — Death  of  E.  C 
Gros« — and  Jobo  Jay,  310— anil  of  J.  V.  Henry— his  character,  313 — Result  of  elec- 
tioD,  315. 

CHAPTER  XXXVI. 

[From  Jan.  1,  1KJ0,  to  Jan.  1,  1831.] 
Cov.'i  nwwMjfp— r«-commends  insane  nsyliim.  317— Distribution  of  avails  of  public 
Inod*,  31*— (.Ivlngnion  t.iip|«iris  Clay,  :J24— Disiinguisbcil  members  of  assembly,  32.'5— 
N  Y.  Hankii  pethion  for  molitirnlioiiof  safety  fund  law— (\anal  commissioners  report 
on  <'henaneo  <-anal.  .T27— Lush's  rew)|iiiion,'.  prohibiting  small  bills,  .329— Working 
mrn'»  parly,  3:KI — Their  noininatioii  of  Gen.  Rofit  for  Gov.,  )I3I— Letislative  caucus 
m  favor  of  Gen.  Jarkwjii.  iVIiTin,  :(.!;*— Anii-masons  nominate  Granger  for  Gov., 
3*4— Rc»ult»  of  election,  :c»^HKniug  Journal  antiiuasonic- 'J'hurlow  Weed,  33&— 
Clay  nomioaipd  fur  prebidenl,  310. 


CONTENTS. 


CHAPTER  XXXVII. 

[From  Jan.  1,  1831,  to  Jan.  1,  IS3-2.] 

VV.  H.  Seward  senator,  342 — Gov's,  message,  su'njects  internal  iiniirovonients — capital 
punishment — imprisonment  tor  debt,  341 — Jackson  adverse  to  renewal  of  U.  S.  liank 
charter,  349 — Resolutions  in  assembly  relating  to  it,  3.51 — Disposition  of  surplus  reve- 
nue, 3o3 — Jackson  candidate  a  second  term,  3.54 — Ditficulties  at  Washington  respect- 
ing Mrs.  Eaton,  3.jj — Van  liuren  and  Eaton  resign,  363 — Van  Buren  appointed  minis- 
ter to  London,  30.)— Convention  of  National  republicans  at  Albany,  368 — Death  of 
Monroe,  367— Members  of  senate  elected,  303. 

CHAPTER  XXXVni. 

[Political  Anti-Masonry. [ 

\Abduction  of  Morgan — miprisoned,  369 — Carried  to  Niagara — liis  book,  370 — Commis- 
sioners appointed  to  ^certain  his  fate — Meetings  held,  371 — Great  excitement,  374 — 
TriAl  of  Lawsoii,  37i^— Anti-masonry  not  yet  political — Delegates  sent  X(y  Lewiston, 
ST^Etibrts  to  suppress  Morgan's  book,  37<^l'olitical  anti-masonry,  37i^Masonry  a 
lest  at  elections,  381 — Parties  at  the  west  change  ground,  .383— vThe  "  infected  dis- 
trict"— Morgan's  "illustrations,"  384 — Le  Eoy  convention,  385 — Converitton  at  Uti 
ca,  386 — Southwick  candidate  for  Gov.  390 — Van  Buren  elected  Gov.,  ."Ml — Antima- 
sonic  convention  at  Albany — Memorial  to  the  legislature,'394--lnvestigation  not  en- 
couraged, 39.5 — Granger  noiiiinated  for  Gov. — Throop  elected,  8^ — Union  of  anti-ma- 
sons and  natiOMal  republican  party,  398 — summary,  400. 

CHAPTER  XXXIX. 

[From  Jan.  1,  1832,  to  Jan.  1,  16a?.| 

New  members  of  legislature,  404 — Resolutions  against  renewing  charter  of  U.  9.  Bank, 
407 — Van  Buren  nominated  minister  to  London,  rejected,  408 — "Indignation  meet- 
ings"— Discussions  on  financial  concerns  of  state,  411 — National  republican  conven- 
tion at  Utica — District  system  for  choosing  presidential  electors  abolished,  418 — Jack- 
son's message.  419 — Death  of  VV.  H.  Maynard,  420 — Herkimer  convention  noininats 
Marcy,  42a— Tracy  nominated  Lieut.  Gov.,  423. 

CHAPTER  XL. 

[From  Jan.  1,  1833,  to  Jan.  1,  1839.] 
Albany  regency — Democratic  party  united,  429 — S-  Wright  U.  S.  senator,  431 — Tall- 
madge  U.  S.  senator— Removal  of  deposites,  433 — B.  F.  Butler  U.  S.  attorney  gen.— 
M.  Hoffman  canal  commissioner,  4:36 — Judge  Denio,  437 — Bill  for  abolition  of  capital 
punishment,  438 — Distress  produced  by  operation  of  U.  S.  Bank — Whig  party,  439— 
Governor's  message,  recommending  loan  of  state  credit  to  banks,  441 — VVhigs  nomi- 
nate Seward — Democrats  nominate  Marcy,  442 — Van  Buren  nominated  for  presi- 
dent— Bill  for  enlarging  Erie  canal,  443 — Remarks  on  granting  bank  charters,  447— 
Speculation,  419-52 — District  school  lii'mries,  433 — Association  for  .nbolition  of  slavery 
455— Legislature  loan  money  to  the  Erie  R.  R.  Co.,  457 — Additional  canal  commis- 
sioners-Senators charged  with  speculating  in  stocks,  459 — Death  of  Madison,  460— 
Debates  on  free  banking,  464 — Death  of  Van  Vechten,  and  Yates — Van  Buren's  inau 
gural,  466 — Causes  of  pecuniary  distress,  468 — Banks  suspend  specie  payment,  470- 
Extra  session  of  congress,  472— President's  message — Sub  treasury,  475 — Banks  in  N 
Y. — their  prudent  couduct,  476 — Whig  majority,  479— General  banking  law,  484- 
Conservative  caucus  at  Syracuse,  486 — Insurrection  in  Canada,  487. 

CHAPTER  XLI. 

[Equal  Rights,  or  Loco  Foco  party.] 
The  Equal  Rights  party  in  N.  Y.,  490 — Origin  of  the  name  of  Loco  foco,  491— Dec 
laration  of  rights,  492 — Propose  Col.  Young  for  Gov. — Convention  at  Utica,  496— theli 
address — nominate  I.  8.  Smith  for  Gov.,  49S— their  definition  of  the  rights  of  man- 
Dissolution  of  the  party,  500 

CHAPTER  XLH. 

[From  Jan.  1639,  to  Jan.  l&t. 
Giovernor's  message — Canal  commissioners — Lunatic  asylum — Free  banking — Monument 
to  Clinton,  .504— Death  of  S.  Van  Renssalaer— Repeal  of  small  bill  law,  509— Presi- 
dent appoints  Bleecker  and  Lcggett  to  missions,  514— Van  Buren's  visit  to  N.  Y., 
51.3 — Harrison  nominated  for  president,  518 — State  printing,  524 — independent  Trea- 
sury bill,  526^Mass  meeting,  527 — Observations  on  presidential  election — Conclusioa, 
532. 


POLITICAL  HISTORY 


-Y  ORK 


CHAPTER  XXVII. 


COxWENTION. 


I  AM  now  to  approach  a  period  in  the  political  history 
of  this  state  when  an  event  occurred,  in  a  measure  unpre- 
cedented in  any  other  part  of  the  world,  but  which,  highly 
to  the  honor  of  this  country,  and  fortunately  for  its  inhabi- 
tants, is  not  unusual  in  the  United  States.  The  event  to 
which  I  allude,  is  a  change,  by  the  will  of  a  majority  of 
the  people,  peaceably  and  constitutionally  expressed,  of 
some  of  the  important  and  fundamental  principles  of  the 
government — I  say  important  and  fundamental  principles, 
because  the  sovereign  power  of  creating  the  executive  and 
one  branch  of  the  legislative  department  of  the  govern- 
ment was,  partially,  transferred  from  one  class  of  men 
to  another,  and  because  ihe  power  of  disposing  of  nearly 
the  whole  patronage  of  the  state  was  actually  changedj 
and,  I  may  add,  that  one  branch  of  the  law  making  j)ower 
was  abolished,  and  the  funciions  held  and  exercised  by 
that  department,  transferred  to  an  individual.  In  past 
ages,  in  every  other  country,  such  a  change  could  only 
have  been  effected  by  physical  force;  here  it  was  brought 
about  by  moral  power. 


2  POUTICAL     HISTORY  [1821. 

The  bill  io.ame'nji  anil  .revise  the  constitution  of  the 
stbt*?  o£  ,'Nie>;s>Y<)r3s.  bfccacQe-a  law  on  the  l3th  of  March. 
B)  this  law,  which  had  .been  sanctioned  by  an  immense 
majority  of  the  people,  (^legates  to  propose  alterations 
and  amendments  to  the  constitution,  were  to  be  elected  on 
the  third  Tuesday  of  June,  1821.  The  people  of  the 
slate,  in  pursuance  of  this  recommendation,  which  by 
their  vote  thev  had  virtually  sanctioned  at  the  annual 
election  in  April,  elected  delegates  from  the  several  coun- 
ties of  the  state. 

In  most  of  the  counties  the  selection  of  the  delegates 
was  made  a  party  question,  and  a  very  large  majority  of 
those  who  were  chosen  belonged  to  the  democratic  party. 
The  county  of  Oneida,  however,  furnished  an  exception 
to  this  rule  of  action.  From  that  county  Nathan  Wil- 
Kauis,  Jonas  Piatt,  Henry  Huntington  and  Ezekiel  Bacon, 
were  elected.  Mr.  Williams  was  a  democrat,  Judge 
Piatt  had  been  a  uniform  federalist  ever  since  the  election 
of  John  Jay  as  governor,  and  Mr.  Huntington  and  Mr. 
Bacon  were  republican  Clintonians. 

The  members  of  this  grand  convention  assembled  at 
Albany,  on  the  2Sth  of  August.  When  convened,  they 
presented  an  array  of  talent,  political  experience,  and  mo- 
ral worth,  perhaps  never  surpassed  by  any  assemblage  of 
men  elected  from  a  single  state. 

The  following  gentlemen  were  among  the  most  distin- 
guislied  of  those  who  were  elected  by  the  democratic 
party: — From  New-York, Nathan  Sanford,  Jacob  Radcliff, 
William  Paulding,  Henry  Wheaton,  Ogden  Eilvvards  and 
Peter  Sharpe;  from  Oneida,  Nathan  Williams;  from  Or- 
ange, John  Duerj  from  Cortland,  Samuel  Nelson,  who 
was  then  a  young  man,  and,  for  the  first  time,  made  his 
a-ppcarr^Dc.e  in  public  life,  but  who  is  now  chief  justice  of 
the  st;itc;  fr<;m  Oisego,  Martin  Van  Buren,  who,  thouo"h 
not  a  risidtnt  of  the  count},  was  eh-cted   by  the  people 


1821.]  OF     NEW-YORK.  3 

of  that  county,  under  an  impression  that  the  public  good 
required  that  he  should  participate  in  the  proceedings  of 
the  convention;  from  the  county  of  Richmond,  Daniel  D. 
Tompkins,  vice-president  of  the  United  States;  from 
Saratoga,  Samuel  Young;  from  Schoharie,  Jacob  Suth- 
erland, who  also,  then  for  the  first  time,  made  his  appear- 
ance in  public  life,  but  who  was  afterwards  a  judge  of  the 
supreme  court;  from  Delaware  county,  Erastus  Root;  and 
from  Queens  county,  Rufus  King,  of  whom,  as  a  man 
eminent  for  his  talents  and  standing,  I  need  not  speak, 
except  to  state,  that,  although  from  the  organization  of 
the  government  down  to  1820,  \vhen  Clinton  was  re- 
elected governor,  he  was  a  consistent  and  uniform  federal- 
ist, but,  at  that  election,  his  sons,  and  it  is  presumed,  that 
he  also,  preferred  the  election  of  Tompkins  to  that  of 
Clinton;  and  from  that  circumstance,  connected  with  his 
election  as  United  States  senator  in  the  fall  session  of 
1820,  by  the  New-York  legislature,  he  was  claimed  as 
a  democrat,  and  elected  as  such,  a  delegate  to  the  state 
convention,  by  the  democrats  of  the  county  of  Queens. 

Among  the  distinguished  men  who  were  chosen  mem 
bers  of  this  body,  belonging  to  the  other  party,  may  be 
numbered  Stephen  Van  Rensselaer,  James  Kent,  Ambrose 
Spencer  and  Abraham  Van  Vechten,from  Albany  county; 
William  W.  Van  Ness,  Elisha  Williams  and  J.  Rutsen 
Van  Renssela&r,  from  the  county  of  Columbia;  Peter  A. 
Jay,  of  Westchester  county,  ^yho,  even  if  he  had  not  been 
the  son  of  the  great  and  good  John  Jay,  would  notwithstand- 
ing have  been  regarded  as  one  of  the  first  order  of  men;  and 
Judge  Piatt  and  Ezekiel  Bacon,  of  the  county  of  Oneida. 

Gen.  James  Tallmadge,  heretofore  a  very  zealous  Clin- 
tonian,  had  been  elected  from  the  county  of  Dutchess,  on 
the  same  ticket  with  Peter  R.  Livingston.  These  gentle- 
men, for  a  long  time  previously,  had  been  strenuously 
opposed  to  each  other.     Their  election  must  have  been 


4  POLITICAL     HISTORY  [1821. 

produced  by  an  union  of  political  parties  in  Dutchess,  for 
the  purpose  of  the  election  of  delegates  to  the  conven- 
tion. Such  an  union,  if  formed  solely  with  the  view  of 
selecting  the  most  competent  men  to  re-model  and  revise 
the  constitution,  was  certainly  laudable,  and  this  7/103/ have 
induced  the  people  of  Dutchess  county  to  elect  Mr.  Liv- 
ingston and  Mr.  Tallmadge;  at  the  same  time  the  veracity 
of  history  requires  me  to  state,  that  in  no  part  of  New- 
York  were  political  bargains  more  common  than  among 
some  of  the  politicians  of  Dutchess  county,  and  that  Mr 
Livingston  and  Mr.  Tallmadge  were  prominent  party 
leaders  in  that  county. 

When  the  delegates  assembled  they  were  called  to  order 
by  Gen.  Root,  who,  in  a  brief  but  very  appropriate  speech, 
pointed  out  the  objects  of  the  assemblage.  It  would  seem 
that  one  hundred  and  ten  delegates  were  present;  for 
Daniel  D.  Tompkins  received  ninety-four  voles  for  the 
ofli^e  of  president,  and  there  were  sixteen  scattering  votes. 

John  F.  Bacon  and  Samuel  L.  Gardner  were  appointed 
clerks  of  the  convention,  and  Wm.  L.  Stone,  Nathaniel 
H.  Carter,  M.  T.  C.  Gould,  Levi  H.  Clarke  and  Moses  I 
Cantine,  were  admitted  within  the  bar  as  stenographers. 

Mr.  Carter  and  Col.  Stone  published  an  account  of  the 
proceedings  of  the  convention,  and  the  history  hereafter 
given  of  what  occurred  in  that  body  is  mainly  collected 
from  the  work  published  by  them.* 

On  the  morning  of  the  30th  of  August  the  convention 
a^ain  assembled,  when  Mr.  Rufus  King,  after  some  pre- 
liminary remarks,  made  a  motion  for  the  appointment  of  a 
committee  to  consist  of  thirteen  members,  whose  duty  it 

*  Since  this  chaplf  r  was  written  I  have  ascertained,  from  unquestioDable  an- 
thoriiiTi  ilxdt  the  lat^or  or  reporting  and  prepiring  for  the  press  the  proceedings  of 
th'  ronrention,  wis  performed  almost  Boicly  hy  Col.  Stone.  The  accuracy  with 
which  the  njiecchcs  of  members  is  given  has  never,  1  believe,  been  questioned. 

Tlie  ability  and  impartiality  evinced  by  the  reporter  entitle  him  to  the  respec< 
and  gratitude  of  the  public. 


1821.]  OF     NEW-YORK.  6 

should  be  to  consider  and  report  the  manner  in  which  it 
would  be  convenient  to  take  up  the  business  of  the  con- 
vention. The  motion  was  agreed  to,  and  Mr.  King  of  the 
county  of  Queens,  Mr.  Sanford  of  the  county  of  New- 
York,  Mr.  Tallraadge  of  the  county  of  Dutchess,  Mr.  Root 
of  the  county  of  Delaware,  Mr.  Kent  of  the  county  of  Al- 
bany, Mr.  Pitcher  of  the  counties  of  Washington  and 
Warren,  Mr.  Sheldon  of  the  county  of  Montgomery,  Mr. 
N.  Williams  of  the  county  of  Oneida,  Mr.  Yates  of  the 
county  of  Schenectady,  Mr.  Birdseye  of  the  county  of  On- 
ondaga, Mr.  Nelson  of  the  county  of  Cortland,  Mr.  Swift 
of  the  county  of  Ontario,  and  Mr.  Russell  of  the  county  of 
Niagara,  were  appointed  members  of  the  committee. 

This  committee,  on  the  same  day,  reported: — 

1st.  That  so  much  of  the  constitution  as  related  to  the 
legislative  department,  be  referred  to  a  committee  to  take 
into  consideration  the  expediency  of  making  any,  and  if 
any,  what  alterations  therein,  and  to  report  such  amend- 
ments as  they  may  deem  expedient;  and  on  this  committee 
Messrs.  King,  Kent,  Paulding,  Sage,  Rose,  Ten  Eyck  and 
Lawrence,  were  appointed. 

2nd.  The  same  resolution  with  respect  to  the  executive 
department;  and  Messrs.  Sheldon,  Wendover,  Huntington, 
Yates,  Stagg,  Pitcher  and  Hogeboom  were  appointed  on 
this  committee. 

3d.  The  same  with  respect  to  the  judiciary  department; 
and  the  committee  appointed  consisted  of  Messrs.  Munro, 
N.  Williams,  J.  Sutherland,  Sylvester,  Wheaton,  Duer  and 
Wheeler. 

4th.  The  same  in  relation  to  the  council  of  revision; 
and  Messrs.  Tallmadge,  Piatt,  Ward,  Nelson,  Brooks, 
Russell  and  Van  Home,  were  appointed  members  of  this 
committee. 

5th.  The  same  with  respect  to  the  power  of  appoint- 
ment   to    office;    and    this    committee  was  composed  of 


6  PO.     llCAl,    HISTORY  [1821. 

Messrs.  Van  Buren,  BirJscyt',  Collins,  Buel,  Child,  EJ- 
wanis  and  Rhinelaniler. 

Gill.  Tiie  same  in  regard  to  the  right  of  suffrage,  and 
the  qualification  of  persons  to  be  elected;  and  ihis  com- 
mittee consisted  of  Messrs.  Sanford,  S.  Van  Rensselaer, 
Peter  R.  Livingston,  Fairlie,  Young,  Cramer  and  Ross. 

7th.  A  like  resolution  was  passed  in  regard  to  the  rights 
and  privileges  of  the  citizens  of  this  state;  and  Messrs. 
Sharpe,  Spencer,  Hunter,  I.  Smith,  Lefferts,  M'Call  and 
Richards  were  named  as  members  of  this  committee. 

8th.  Tiie  same  with  respect  to  all  parts  of  the  constitu- 
tion not  included  in  the  foregoing  resolutions;  and  this 
committee  consisted  of  Messrs.  RadclifT,  Bacon,  R.  Clarke, 
Pike,  Schenck  and  Briggs. 

This  last  resolution  would  seem  to  have  covered  the 
whole  ground  not  previously  parcelled  out,  but  the  com- 
mittee ol  thirteen  reported  two  other  resolutions,  which 
were — 

9th.  With  respect  to  the  commencement  of  the  legisla- 
tive year,  and  the  term  for  which  every  elective  officer 
may  be  elected.  Messrs.  Root,  Lansing,  J.  R.  Van  Rens- 
selaer, Price,  Beckw-ith,  Rosebrugh  and  Burroughs  were 
appointed  on  this  committee. 

10th.  In  relation  to  the  mode  of  making  future  amend- 
ments to  the  constitution.     The  persons  appointed  to  con 
sider  and  report  upon  this  matter  were  Messrs.  Swift,Van 
Vechten,  Barlow,  Steele,  Tuttle,  E.  Williams  and  Ver- 
bryck.* 


•  A  very  slight  planc«  at  tbese  commitiees  exhibits  the  temper  and  reeling  of  the 
majoriijr  of  the  convention,  towards  their  political  opponents.  The  chairmen  of 
these  ten  commitiees  were  all  members,  and  most  of  them  zealous  members,  of 
the  dominant  parly  in  the  stale,  onless  the  appointment  of  General  Tallmadge, 
as  chairman  of  Uta  commitlfc  on  the  council  of  revision,  may  be  considered  as 
an  pxcpplion.  Rnl  it  was  then  well  understood  that  lie  was  about  changing,  if  he 
had  not  alrcaily  chanpc(l,his  political  position.  He  was  ofTcnded  at  the  appoint- 
ment of  Mr.  Oikley  to  the  office  of  attorney  general— an  office  to  wb'ch  Mr.  Tall- 


lS-21.] 


OF    NEW-YOKK. 


Notwithstanding  this  subtiivision  of  the  matters  of 
which  the  convention  aj)peare(l  disposed  to  take  cognizance, 
it  was  very  evident  that  the  great  and  absorbing  objects 
which  would  engross  the  attention  ol  that  assembly  were 
the  following: — 

First.   An  alteration  in  the  judiciary  system. 

Second.  The  abolition  of  the  council  of  revision,  or  a 
transfer  of  the  veto  power. 

Third.  A  change  of  the  appointing  power. 

Fourth.  An  extension  of  the  right  of  sutTrage. 

On  the  3d  September  General  Tallmadge  reported  in 
favor  of  abolishing  the  council  of  revision,  and  recom- 
mended that  the  veto  power  should  be  vested  in  the  go- 
vernor for  the  time  being.  He  stated  that  the  committee 
had  designedly  omitted  to  make  a  written  report  of  the 
reasons  upon  which  they  acted;  because,  if  each  committee 
were  to  assign  the  reasons  for  the  alterations  in  the  con- 
stitution which  they  might  propose,  those  reasons  might 
have  an  improper  influence  upon  the  construction  which 
might  be  given  to  the  constitution,  after  its  revision 
and  adoption  by  the  people.  When  the  report  of  the 
select  committee  was  considered  in  committee  of  the 
whole,  every  mem.ber  present  voted  in  favor  of  the 
proposition  to  abolish  the  council  of  revision;  but  when 
the  convention  took  into  consideration  the  substitute  pro- 
posed, a  long  and  interesting  debate  ensued.  The  select 
committee,  as  I  have  already  stated,  repoi  ted  that  the  veto 
power  should  be  vested  in  the  governor,  and  that,  when 
he  disapproved  of  a  bill,  he  should  return  it  with  his  ob- 


madge  supposed  himself  entitled — and  from  the  time  of  Mr.  Oakley's  appointment, 
and  his  disappointment,  he  was  opposed  to  Gov.  Clinlon. 

If  the  president  of  the  convention  had  not  intended  to  introduce  some  species 
of  party  machinery  into  that  house,  it  is  impossible  to  account  for  his  neglect  of 
such  men  as  Chancellor  Kent,  Chief  Justice  Spencer,  Judge  Van  Ness,  Judge 
Piatt,  Peter  A.  Jay,  Elisha  Williams,  and  several  other  gentlemen  eminent  for 
their  standing  and  talents. 


8  POI.1IICAI.     HISTOKY  [18'21. 

jcctions,  to  the  house  in  ^vhil•h  it  originalcil.  and  that, 
unless  two-thirds  of  the  members  of  both  houses  then 
voted  for  the  bill,  it  should  not  become  a  law. 

Gov.  Tompkins  proposed  to  associate  a  council  with 
the  governor.  This  jiroposition,  had  it  been  adoptedjWOuld 
not  have  essentially  altered  the  third  article  of  the  consti- 
tution of  1777j  except  that  Governor  T.  proposed  that  the 
councillors  who  should  be  associated  wiih  the  govemor, 
shoulii  be  cornposeii  of  persons  other  than  the  high  judi- 
cial oHlcers  of  the  state.  Tliis  proposition  was  not  sus- 
tained by  any  considerable  portion  of  the  coiiVL'nlion. 

The  question  which  elicited  the  most  interesting  debate 
grew  out  of  a  motion  made  by  Mr.  Llvinciston  to  amend 
the  report  of  the  select  committee,  so  that  if  after  a  bill  was 
sent  back  by  the  governor,  a  majority  of  all  the  members 
elected  in  both  houses  should  vote  for  it,  it  should  then 
become  a  law  notwithstanding  the  objections  of  the 
governor.  i>Ir.  Livingston  supported  his  amendment  by 
an  argument  of  some  length  and  great  ability.  He 
thought  that  to  invest  a  single  individual  with  the  power 
of  overruling  the  majority  of  the  two  houses  of  the  legis- 
lature, was  bolh  unreasonable  and  dangerous.  He  would 
not  consider  the  proposition  so  absurd  if  tlu;  governor  was 
authorized  to  decide  only  upon  the  question  whether  the 
proposed  law  was  or  was  not  constitutional;  but  he  be- 
lieved, to  allow  him  to  set  up  his  own  opinion, on  tlie  ex- 
pediency of  a  bill  against  the  majority  of  the  legislature, 
was  ami-republican  and  inconsistt.nt  with  the  genius  of 
our  free  institutions.  He  was  replied  to  in  a  very  able 
manner  by  judge  Plait,  who,  in  the  course  of  his  argu- 
ment, stated  the  very  curious  fact,  that  the  first  bill  passed 
by  the  senate  and  assembly  under  the  constitution  of 
1777,  was  rejecteil  by  the  council  of  revision  on  the 
ground  of  inexpediency  alone.     Mr.  Livingston's  amend- 


18'^!.]  POLITICAL    HISTORY  9 

ment  was  ultimately  rejected  by  a  vole  of  nineiy-five  to 
twenry-six. 

Mr.  Dodge  of  Montgomery,  afterwards  renewed  sub- 
stantially Mr.  Livingston's  motion,  by  proposing,  that 
when  the  governor  returned  a  bill  on  the  ground  of  its 
unconstitutionality,  unless  two-thirds  of  both  houses 
voted  lor  it,  it  should  not  become  a  law;  but  if  the  govern- 
or should  refuse  to  approve  of  a  bill  for  the  reason,  that 
in  his  judgment  it  was  inexpedient,  then  if  a  majority  of 
the  members  elected, voted  for  it,  it  should  become  a  law, 
notwithstanding  the  objections  of  the  governor.  To  this 
proposition  Mr.  Bacon  of  Oneida,  replied,  that  it  was  in 
substance  the  same  as  that  which  had  been  offered  by  Mr. 
Livingston,  and  that  to  vest  the  power  of  judfring  of  the 
expediency  of  bills  in  the  governor,  was  far  more  import- 
ant to  the  interests  of  the  public  than  that  of  judging  of 
the  constitutionality  of  laws;  for  the  judicial  tribunals 
were  required  to  declare  a  law  null  and  void  which  in  their 
judgment  was  unconstitutional;  and  he  believed  that  this 
power  llius  vested,  furnished  our  best  security  against  any 
violation  of  the  constitution  by  the  law  making  power. 
Mr.  Dodge's  proposed  amendment  received  a  more  feeble 
support  than  Mr.  Livingston's.  The  discussion  and  de- 
cision of  this  question,  diil  not  appear  to  elicit  any  party 
feeling  in  the  convention.  I  perceive  that  General  Root 
voted  in  favor  of  Mr.  Livingston's  amendment. 

Mr.  Sheldon,  from  the  committee  on  the  executive  de- 
partment, at  a  very  early  day  re})orted  some  slight  altera- 
tions in  the  constitution,  the  most  material  of  which  was 
that  the  governor  should  be  elected  biennially.  The  con- 
vention went  into  committee  of  the  whole  on  this  report 
on  the  13th  of  September,  and  the  discussion  was  princi- 
pally confined  to  the  length  of  the  term  for  which  the 
governor  should   hold  his  office.     Some  members  of  the 


10  rOLITiCAl.      UlSTCUY  [IS'2|. 

convention  were  for  the  terni  of  ihree,  but  i   greater  num- 
ber were  for  one  year  only. 

Mr.  Sutherlaml  of  Schoharie,  wus  for  three  years,  and 
Diaile  a  very  able  speech  in  support  of  that  opinion.  He 
was  sustained  by  the  chancellor  and  judges  of  the  supreme 
court,  Mr.  Jay  and  several  other  persons  eminent  for  their 
talents  and  standing.  But  a  very  large  majority  of  the 
convention  (eighty-nine  to  thirty,)  were  opposed  to  the 
term  of  three  years. 

A  majority  of  the  democratic  jiarty  in  the  convention 
v,ne  lor  one  year  only.  Their  views  were  advocated  by 
General  Root,  Mr.  H<igeboom  of  Rensselaer,  Peter  R. 
Livingston,  and  Mr.  Briggs  of  Scholiarie. 

I  may  as  well  observe  here,  that  Mr.  Briggs  was  a  man 
of  sterling  good  sense,  who  had  been  bred  a  mechanic, 
and  was  in  principle  a  firm  and  decided  demiocrat  of  the 
New-England  school.  In  some  of  his  views  he  may  have 
been  ultra,  but  in  all  his  movements,  except  his  course  on 
the  question  of  disfranchising  the  black  population,  we 
perceive  an  anxious  desire  to  secure  the  rights  of  the  many 
against  the  open  or  secret  attacks  of  the  few.  I  make  these 
remarks,  because  I  think  that  if  the  reporter  has  done  in- 
justice to  any  cf  the  members  of  the  convention,  he 
has  done  it  to  Mr.  Briggs.  For  while  it  is  evident  that 
in  giving  a  synopsis  of  the  speeches  of  other  gentlemen, 
he  has  presented  them  to  his  readers  in  a  more  polished 
form  than  it  can  fairly  be  presumed  they  were  delivered, 
he  takes  core  to  give  the  very  words  of  ATr.  Briggs,  which 
no  doiihi  wtre  sometimes  rough  and  harsh.  Those  who 
know  Mr.  B.  will  justify  me  in  the  assertion  that  he  is  a 
man  ol  vound  mind  and  good  judgment. 

The  (jui  stion  was  finally  carried  for  a  two  years  term, 
as  against  one,  by  a  majority  of  two  votes  only,  (sixty- 
one  to  fiO)  -nine.) 


1821.] 


OK     NKW-YOUK. 


11 


It  is  not  a  little  curious  to  perceive,  that  those  who  may 
on  this  occasion  be  called  the  ultra-f'ederalisif.,  ■were  for 
three  years,  while  the  ultra-democrats  were  equally  strenu- 
ous for  one.  On  the  final  vote,  the  federalists  voted  with 
the  moderate  democrats  for  two  years. 

During  this  discussion,  Mr.  Van  Buren  addressed  the 
convention  m  favor  of  the  term  of  two  years,  ami  in  his 
speech  he  presented  a  very  fair  and  candid  view  of  the  ar- 
guments by  which  each  of  the  parlies  supported  their 
respective  positions.  As  it  may  be  interesting  and  use- 
ful to  know  on  what  ground  the  advocates  of  these  three 
adverse  opinions  sustained  themselves,  I  have  thought  that 
it  would  not  be  unacceptable  to  the  reader  to  present  him 
with  the  following  very  imperfect  sketch  of  Mr.  Van  Bu- 
ren's  speech: — 

Mr.  Van  Buren,  before  the  question  was  taken,  wished 
to  explain  the  reasons  of  the  vote  he  should  give.  "  There 
are  three  distinct  propositions  before  this  convention — 
one,  for  filling  the  blanks  with  one  year — another,  with 
two — and  a  third,  with  three.  He  should  consider  each. 
One  of  the  great  objects  of  this  convention,  to  which  the 
people  looked  with  so  much  solicitude,  is  the  hope  that 
by  the  amendments  which  shall  be  adopted,  party  violence 
in  our  politics,  will  in  a  great  measure  be  done  away.  It  is 
not  to  be  denied,  that  very  many  of  our  own  citizens,  and 
those  of  other  states,  entertain  an  opinion,  that  the  source 
of  our  discord  is  the  great  favor  and  patronage  of  the 
governor;  and  think  this  discord  can  only  be  allayed  by 
making  the  governor  a  mere  nominal  head — a  creature  of 
the  legislature.  Though  he  did  not  assent  in  its  extent  to 
the  propriety  of  this  radical  change,  it  would  be  unwise 
to  neglect  what  public  sentiment  has  so  distinctly  pointed 
at.  Yet  we  must  not  disguise  to  ourselves  the  fact,  that 
we  have  already  augmented,  rather  than  diminished,  the 
power  of  the  executive.     We  have  given  him  the  exclu 


12  POLITICAL     HISTORY  [1S21. 

give  veto  by  an  immense  majority,  and  by  the  voices  of 
the  judiciary  themselves,  who  formerly  partook  of  this 
power.  We  have  also  invested  him  with  the  powir  of 
pardoning,  and  under  these  circumstances,  he  would  have 
preferred  wailing  till  we  know  what  other  power  will  be 
given  to  the  governor,  before  we  decitled  on  this  term. 
The  majority  of  this  committee  had  decided  otherwise; 
and  the  vole  he  should  give  on  this  question,  would  there- 
fore be  given  under  the  expectation,  that  we  shall  increase 
siill  more  the  power  of  the  executive,  by  a  vast  increase 
to  his  appointing  power.  The  branch  in  which  this  pow- 
er formerly  resided  has  been  unequivocally  condemned  by 
the  public  opinion;  and  there  is  no  other  hand,  in  which 
it  could  be  safely  trusted,  except  the  executive.  With 
this  feeling,  then,  he  could  not  but  think,  that  as  we  in- 
crease the  power  of  the  executive,  we  should  also  in- 
crease the  responsibility  of  the  governor.  We  should 
bring  him  more  frequently  before  the  people.  His  con- 
flicts, if  any,  will  not  be  with  the  legislature.  He  was 
rendered  by  the  provision  now  proposed,  utterly  and  en- 
tire!) independent  of  the  legislature.  Of  the  people  he 
dill  nol  ihirik  he  should  be  rendered  so  mdcpendcnt.  In 
the  exercise  of  the  veto,  which  will  only  take  place  on 
imponaiit  occasions,  he  will  be  supported,  if  he  should 
have  acted  manifestly  for  the  public  good.  He  had  not 
experienced  the  evils  of  triennial  elections;  but  as  we 
had  vastly  increased  the  power  of  the  governor,  a  strong 
desire  is  manifested  to  abridge  his  term,  and  in  this  senti- 
ment he  concurred.  But  how  abridge  it?  We  wish  the  peo- 
ple to  have  an  opportunity  of  testing  their  governor's  con- 
duct, not  by  the  feelings  of  temporary  excitement,  but  by 
that  sober  second  thought,  which  is  never  wrong.  Can 
that  be  effected  if  you  abridge  the  term  to  one  year?  No, 
sir:  it  is  necessary  that  his  power  exist  long  enough  to 
survivi-  that   temporary  excitement,  which  a  measure  of 


1S21.]  or    NEW-YORK.  13 

public  importance  must  occasion,  and  to  enable  the  peo- 
ple to  detect  the  fallacy  with  which  the  acts  of  the 
government  may  be  veiled  as  to  their  real  motives.  Can 
a  fair  judgment  of  motives,  or  of  the  effect  of  measures, 
be  made  in  a  few  months?  No,  sir — even  a  term  lons^er 
than  three  years,  must  sometimes  be  necessary  to  enable 
us  to  juflge  of  the  effect  of  measures.  But  we  must  not 
go  into  extremes,  or  we  shall  arouse  the  jealousies  of  the 
people,  in  weakening  the  responsibility  to  them,  of  their 
public  officers.  Let  us  test  the  question  by  reason.  You 
have  a  state  and  population,  whose  concerns  bear  a  strong 
analogy  to  the  interests  of  the  union.  Can  a  governor, 
in  a  term  of  one  year,  make  himself  acquainted  with  the 
interests,  the  wants,  and  condition  of  this  great  state? 
There  was  one  remark  he  made  with  great  deference — in 
all  the  eastern  states,  the  tenure  of  the  chief  magistrate 
is  for  only  one  year;  and  the  majority  of  this  convention 
have  imbibed  their  notions  under  those  constitutions,  and 
naturally  consider  them  wise.  Others,  who  have  lived 
under  the  constitution  of  this  state,  have  preferred,  as  he 
had  been  accustomed  to  do,  the  tenure  of  three  years;  and 
he  asked,  if  there  was  not  some  respect,  some  cornity  due, 
to  those  who  have  viewed  this,  among  other  provisions  of 
our  constitution,  with  reverence.  For  these  reasons  he 
hoped  the  blank  would  be  filled  with  two  years." 

On  the  30lh  of  September,  the  committee  on  the  legis- 
lative department  reported  in  favor  of  retaining  the  number 
of  members  in  the  senate  as  fixed  by  the  conventionof  1801, 
but  they  recommended  that  the  state  should  be  divided  into 
seventeen  senatorial  districts,  each  district  to  elect  two  sena- 
tors,iexceptihe  ninth  and  seventeenth,  which  were  each  to 
elect  one  senator  only.  The  committee  finally  agreed  to 
divide  the  state  into  eight  districts,  and  each  district  is  en- 
tilled  to  elect  four  senators.  Under  the  old  cons'itution  it 
will  be    recollected  that  the  state  was  divided  into  four 


14  POLITICAL     HISTORY  [1821. 

great  distnctSj  which  it  was  intended  should  send  to  the 
legislature  an  equal  number  of  senators.  Under  this 
arrangement,  as  many  times  very  obscure  men  were  put 
in  nomination  for  that  important  office,  it  was  impossible 
for  an  immense  majority  of  the  electors  to  have  any  per- 
sonal knowledge  of  the  candidates  for  whom  they  were 
called  on  to  vote.  The  best  system  untloubtcdly  would 
be  to  divide  the  state  into  thirty-two  districts,  and  by  that 
means  bring  the  electors  more  directly  in  contact  with  the 
candidates;  but  as  this  cannot  be  done  without  dividing 
counties,  which  would  produce  great  inconvenience,  per 
haps  our  present  system  is  as  unexceptionable  as  any  that 
can  be  devised. 

The  select  committee  further  recommended  that  no 
member  of  the  legislature  should  be  capable  of  receiving 
any  office  from  the  appointing  power  in  the  state  during 
the  term  for  which  he  was  elected  j  and  that  no  member  of 
congress,  nor  any  person  holding  an  office,  either  civil  or 
military,  under  the  government  of  the  United  States,  should 
be  eligible  to  a  seat  in  either  branch  of  the  legislature. 
This  excellent  provision  was  adopted,  notwithstanding  the 
committee  on  the  green  bag  message  had  but  a  very  short 
time  before  so  severely  censured  Gov.  Clinton  for  intimat- 
ing that  it  was  wrong  for  Mr.  Skinner  to  be  a  member  of 
the  senate  and  council  of  appointment,  while  at  the  same 
.time  he  held  the  office  of  a  judge  of  a  district  court  of  the 
United  States. 

The  same  committee  also  recommended,  that  all  persons 
holding  offices,  the  tenure  of  which  was  declared  by  the 
constitution  to  be  during  good  behaviour,  should  be  re- 
movable by  a  joint  resolution,  two-thirds  of  each  house 
agreeing  to  such  resolution;  and  further,  that  the  capital 
of  the  common  school  fund  should  forever  remain  inviola- 
ble. 

These  excellent  provisions  were,  in  substance,  adopted. 


1621.]  or    KEV,--VORK.  ^^ 

'•u>n  referred  to  the  reso!-  ;-  4uestlon  in  respect  to  the 
electiv..,K-^,^.j.  ^^  ^^le  Mi'-*"^^'  ^"  ^^^^  class  of  the  citizens 
of  this  state  tne  sovereign  power  should  be  vested,  came  on 
for  discussion.  A  sovereign  is  he  who  exercises  a  power 
without  human  responsibility  for  the  manner  in  which  it 
is  executed.  Such  a  power  cannot  be  exercised  in  this 
community,  by  any  person  whomsoever,  except  by  the 
elector  at  the  polls  of  an  election.  He,  and  he  only,  is 
alone  accountable  to  his  own  conscience  and  to  his  God. 

Mr.  Sanford,  from  the  committee  to  whom  that  subject 
had  been  referred,  reported  that  every  male  lohite  citizen 
of  the  age  of  twenty-one  years,  who  had  resided  six 
months  in  the  state,  who  had,  within  one  year,  paid  taxes, 
or  been  assessed  and  actually  worked,  or  commuted  for 
work,  on  the  highways,  or  had  been  enrolled  and  served 
in  the  militia,  should  be  entitled  to  vote  for  all  officers  of 
the  government  elected  by  the  people;  and  very  briefly 
stated  the  grounds  upon  which  the  committee  had  made 
that  recommendation.  The  reader  will  perceive  that  this 
amendment,  in  effect,  abolished  the  property  qualification 
of  voters. 

Before  the  great  question  as  to  the  freehold  qualification 
was  agitated,  Mr.  Peter  A.  Jay  moved  to  strike  the  word 
"w/wYe"  from  the  section.  This  proposition  involved  the 
right  of  the  colored  population  of  the  state  to  vote  at 
elections.     Mr.  Jay,  on  this  subject,  said: — 

"  The  chairman  of  the  select  committee  has  given  a  fair 
and  candid  exposition  of  the  reasons  that  induced  them  to 
make  the  report  now  under  consideration,  and  of  the  mo- 
tives by  which  they  were  governed.  He  has  clearly  sta- 
ted \vhy  they  were  desirous  of  extending  the  right  of  suf- 
frage to  some  who  did  not  at  present  enjoy  it,  but  he  has 
wholly  omitted  to  explain  why  they  deny  it  to  others  who 
actually  jjossess  it.  The  omission,  however,  has  been 
supplied  by  one  of  his  colleagues,  who  informed  us  that 


■**>  POLITICAL     HISTORY  [1821. 


all  who  were  not  whiti-  ^•■'o^ended  should  send  to  the  ''.^' 
cal  rights;  because  such  person,  -.^^tors.  Under  ■'''J'''^' 
ing  them  discreetly,  and  because  u...)  .vc.c  peculiarly 
liable  to  be  influenced  and  corrupted.  These  rensons,  sir. 
1  shall  notice  presently.  When  this  convention  was  hrst 
assembled,  it  was  generally  understood  that  provisions 
would  he  made  to  extend  the  right  of  suiFrage,  and  some 
were  apprehensive  that  it  might  be  extended  to  a  degiee 
which  they  could  not  approve.  But,  sir,  it  wiis  not  ex- 
pected that  this  right  was  in  any  instance  to  be  restricted, 
much  less  was  it  anticipated,  or  desired,  that  a  single  per- 
son was  io  be  disfranchised.  Why,  sir,  are  these  men  to 
be  excluded  from  rights  which  they  possess  in  common 
with  thr^ir  countrymen'?  What  crime  have  they  commit- 
ted for  which  they  are  to  be  punished  1  Why  are  they, 
who  were  born  as  free  as  ourselves,  natives  of  the  same 
country,  and  deriving  from  nature  and  our  political  insti- 
tutions, the  same  rights  and  privileges  which  we  have,now 
to  be  deprived  of  all  those  rights,  and  doomed  to  remain 
forever  as  aliens  among  us  1  We  are  told,  in  rcjily,  that 
other  states  have  set  us  the  example.  It  is  true  that  other 
slates  treat  this  race  of  men  with  cruelty  and  injustice,  and 
.that  we  have  hitherto  manifested  towards  them  a  disposi- 
tion to  be  just  and  liberal.  Yet  even  in  Virginia  and 
North  Carolina,  free  people  of  color  are  permitteti  to  vote, 
and  if  I  am  correctly  informed,  exercise  that  privilege.  In 
Ptonsylvania,  they  are  much  more  numerous  than  they 
a^e  here,  and  ihere  they  are  not  disfranchised,  nor  has  any 
ini  onvenicnce  been  feU  from  extending  to  all  men  the 
rights  which  ought  to  he  common  to  all.  In  Connecticut, 
sir,  though  tiiey  have  done  much  thai  I  think  ihey  had  no 
right  to  do  on  this  subjert,  their  provision  respecting 
blacks  ha.5  not  tlisfranchised  those  who  are  now  in  posses- 
sion of  the  right,  but  only  operates  for  the  iuture.  Here 
'.ve  cut  ('if  nearly  30,U00  citizens  at  one  vote.      uTr.  .Jay 


1621.]  or   KEv,--i'ouK.  17 

then  referred  to  the  resolulion  of  our  last  legislature  on 
the  subject  of  the  Missouri  question,  and  asked   how  the 
prcj^ent  provision  would  tally  with  them — how  the  decla- 
rations there  made,  and  the  principles  laid  down,  would 
square  with  the  measure  now  under  consideration  ?     But, 
sir,  it  is  said  negroes  are  a  degraded  race.     I  hoped  this 
old  excuse  for  slavery  would  not  have  been  repeated  here. 
I  did  not  believe  it  would  be  asserted  at  this  time  of  day, 
that  the  God  v/ho  made  all  the  nations  of  the  earth  of  one 
blood,  has  created  one  race  for  degradation.     Sir,  their 
bodies,  their  brains  are  not  differently  constructed  from 
ours.     Their  habits  are  indeed    bad.     Their  wills   have 
been  the  wills  of  their  masters  and  mistresses,  until  they 
have  become  scarcely  capable  of  self-dependence;  and  the 
old  maxim  is  true,  "  that  the  hour  that  makes  a  man  a 
slave,  robs  him  of  half  bis  worth."     Sir,  will  you  punish 
them  for  this  your  error,  or  the  error  of  your  fathers  ? — 
will  you  punish  them  for  the  crimes  of  v/hich  they  have 
been  the  victims,  and    not    the  perpetrators  1  and  after 
having  reduced  them  by  your  past  injustice  to  degradation 
and  misery,  will  you  shut  them  out  from  the  chance  of 
future  amendment  1     Eut  as  a  matter  of  policy,  sir,  will 
you  permit  to  grov/  up  among  you  a  race  of  men  having 
separate  interests,  distinct  hopes,  and  who  look  upon  all 
you  do  v/ith  jealousy  and  distrust  ?  v\'ill  you  make  it  the 
interest  of  such  a  race  to  wish  your  destruction  ?     You 
despise   the   slaves  of  Europe — and  why  1  because  they 
dare  not  shake  off  their  chains.     And  will  you  create  a 
body  of  such  men  in  your  own  country  1     Sir,  there  are 
gentlemen  on  this  floor  who  have  done  themselves  immor- 
tal honor  by  their  opposition  in  congress  to  the  oppression 
of  this  unfortunate  race;  and  if  you  shall  now  pass  this 
provision,  shall  we  not  hear  a  shout  of  exultation,  a  hiss 
of  scorn,  resound  from  the  southern  states,  as  they  point 
at  our  inconsistency  1     Sir,  I  trust  tliis  will  not  be;  I  trust 

B 


IS  POLITICAL    HISTORY  [1821. 

we  shall  not,  because  our  fathers  have  wronged  them  and 
their  lathers,  henceforth  condemn  the  blacks  to  irremedia- 
ble degradation," 

Gen.  Root  and  Col.  Young  opposed  the  admission  of 
colored  voters.  Mr.  Root  placed  his  objection  mainly  on 
the  ground  that  they  were  not  liable  to  do  military  duty. 
In  the  course  of  his  speech  he  said: — ^  He  had  known  the 
time  when  a  few  hundred  negroes  in  the  city  of  New- 
York,  following  in  the  trains  of  those  who  ride  in  coaches, 
and  whose  boots  and  shoes  they  had  blacked,  virtually 
gave  law  to  the  state.  He  had  known  the  time  when  that 
sable  majority,  in  a  period  of  war  and  danger,  paralyzed 
the  arm  of  your  government — an  '  organized  and  disci- 
plined corps,'  that  became  powerful  enough  to  defeat 
^me  of  the  most  efficient  and  necessary  measures  of 
your  patriotic  executive."  Did  it  occur  to  General  Root 
and  Colouel  Young  thatj  during  the  most  perilous  period 
of  the  late  war,  when  the  country  was  in  imminent  danger, 
they  themselves  had  voted  for  a  law  encouraging  the  en- 
listment of  negroes,  and  for  raising  a  regiment  of  blacks  1 

Doct.  R.  Clarke,  of  Delaware  county,  delivered  an  able 
speech  in  support  of  the  motion  of  Mr.  Jay. 

Col.  Young,  in  reply,  argued  in  favor  of  the  exclusion 
of  the  blacks,  principally  upon  the  ground  that  a  consti- 
tution ought  to  be  framed  for  a  community  according  to 
its  actual  and  probable  future  condition;  that,  by  custom, — 
whether  wrongfully  or  rightfully  established,  for  ihe  pur- 
pose of  his  argument  it  was  uimecessary  to  enquire, — the 
black  population  were  a  degraded  people,  so  mucii  so  as 
to  be  an  unsafe  depositary  of  the  right  of  sulTrage,  If,  in 
future  time,  their  moral  and  social  condition  should  be 
elevated  to  an  equality  with  the  whites,  he  would  then 
cheerfully  extend  to  them  an  equal  right  to  the  elective 
franchise 


1821.]  OF    NEW-YORK.  19 

This  debate  was  continued  until  the  20th,  when  Mr. 
Abraham  Van  Vechten  made  a  long  and  very  able  argu- 
ment in  support  of  Mr.  Jay's  motion;  but  Judge  Spencer 
spoke  against  it. 

The  motion  ultimately  prevailed  by  a  vote  of  sixty- 
three  to  fifty-nine. 

Mr.  Van  Buren  voted  for  the  motion.  The  vote  of 
Gov.  Tompkins  is  not  recorded;  but  I  believe  it  was  un- 
derstood that  he  accorded  with  Mr.  Van  Buren. 

The  subject,  for  that  time,  was  considered  as  put  at 
rest;  but  a  select  committee  of  thirteen,  of  which  Col. 
Young  was  chairman,  to  whom  the  proceedings  of  the 
committee  of  the  whole  on  the  elective  franchise  was 
leferred,  some  time  afterwards  reported  a  proviso  in  the 
first  section,  which  excluded  all  colored  men  from  voting 
who  were  nt)t  freeholders  to  the  value  of  two  hundred 
and  fifty  dollars.  This  proviso  Judge  Piatt  moved  to 
strike  out.  In  support  of  his  motion,  among  other  things, 
he  said: — - 

"  The  gentleman  from  Saratoga,  who,  as  chairman  of 
the  committee,  reported  this  proviso,  (Mr.  Young,)  has 
exultingly  told  us,  that  ours  is  the  only  happy  country 
where  freemen  acknowledge  no  distinction  of  ranks — 
where  real  native  genius  and  merit  can  emerge  from  the 
humblest  conditions  of  life,  and  rise  to  honors  and  distinc- 
tion. It  sounded  charmingly,  in  our  republican  ears,  and 
I  have  but  one  objection  to  it,  which  is,  that  unfortunately 
for  our  patriotic  pride,  it  is  not  true.  I  abhor  the  vices 
and  oppressions  which  flow  from  privileged  orders  as 
much  as  any  man,  but  it  is  a  remarkable  truth,  that  in 
England,  the  present  Lord  Chancellor  Eldon,  and  his 
illustrious  brother,  Sir  William  Scott,  are  the  sons  of  a 
coal-heaver  ;  and  the  present  Chief  Justice  ^8hhot,  of  the 
King's  Bench,  is  the  son  of  a  hair-dresser.  The  gentle- 
man from  Saratoga,  (Mr.  Young,)  began  his  philippic  in 


20  POLITICAL    HISTORY  [1821. 

favoi  of  universal  suffrage,  by  an  eulogium  on  liberty  and 
equality,  in  our  happy  state.  And  what  then  1  Why, 
the  same  gentleman  concluded  by  moving  a  resolution,  in 
substance,  that  thirty-seven  thousand  of  our  free  black 
citizens,  and  their  posterity,  for  ever,  shall  be  degraded 
by  our  constitution  below  the  common  rank  of  freemen — 
that  they  never  shall  emerge  from  their  humble  condition 
— that  they  shall  never  assert  the  dignity  of  human  nature, 
but  shall  ever  remain  a  degraded  caste  in  our  republic. 

"  The  same  gentleman  recited  to  us,  on  that  occasion, 
an  elegant  extract  from  an  admired  poet,  (Gray's  Elegy,) 
describing  in  melting  strains,  the  effects  of  humble  poverty, 
and  mental  depression.  Let  me  ask,  sir,  who  is  it,  that 
now  seeks  to  "  repress  the  noble  rage;"  and  to  "  freeze 
the  genial  current  of  the  soul "  *?  I  must  be  permitted  to 
express  my  deep  regret,  that  the  gentleman's  poetry  and 
his  2)7'ose  do  not  agree  in  sentiment.  I  confess,  sir,  I  feel 
some  apprehension,  when  I  anticipate  that  the  speeches 
of  that  honorable  member  will  be  read  by  the  proud  Eng- 
lish critic;  who  will  boast  that  "  slaves  cannot  breathe 
English  air;"  that  "they  touch  his  country,  and  their 
shackles  fall."  The  gentleman  from  Saratoga  will  be 
justly  considered  as  a  leading  patriot  and  statesman  in  our 
republic;  and  if  his  text  and  his  commentary,  his  precept 
and  his  practice,  are  at  variance,  we  shall  be  nakedly 
exposed  to  the  lash  of  criticism,  from  the  hand  of  retalia- 
tion. 

"  Before  we  adopt  this  proviso,  I  hope  gentlemen  will 
take  a  retrospect  of  the  last  fifty  years.  Consider  the 
astonishing  progress  of  the  human  mind  in  regard  to  reli- 
gious toleration;  the  various  plans  of  enlightened  benevo- 
lence; and  especially  the  mighty  efforts  of  the  wise  and 
the  good  throughout  Christendom,  in  favor  of  the  benighted 
and  oppressed  children  of  Africa." 


1821.] 


OF    NEW-YORK. 


21 


"  Mr.  Van  Buren  said  he  had  voted  against  a  total  and 
unqualified  exclusion,  for  he  would  not  draw  a  revenue 
from  them,  and  yet  deny  to  them  the  right  of  suffrage. 
But  this  proviso  met  his  approbation.  They  were  ex- 
empted from  taxation  until  they  had  qualified  themselves 
to  vote.  The  right  was  not  denied,  to  exclude  any  por- 
tion of  the  community  who  will  not  exercise  the  right  of 
suffrage  in  its  purity.  This  held  out  inducements  to  indus- 
try, and  would  receive  his  support." 

The  question  on  striking  out  the  proviso  was  lost,  thir- 
ty-three to  seventy-one. 

It  is  somewhat  curious  that  Gen.  Root,  Col.  Young, 
Mr.  Livingston,  Mr.  Briggs,  &c.,  who  were  most  anxious 
to  abolish  the  property  qualification  and  extend  the  right 
of  suffrage  to  all  white  men,  were  equally  zealous  to  ex- 
clude black  citizens  from  the  right  to  exercise  the  elective 
franchise;  while  those  who  most  strenuously  contended 
for  retaining  the  freehold  qualification  as  respected  white 
citizens,  were  very  solicitous  to  prevent  an  exclusion  of 
the  blacks  from  an  equal  participation  with  the  whites. 
Of  this  last  description  of  members,  Chancellor  Kent,  Mr. 
Van  Rensselaer,  Mr.  Jay,  Mr.  Van  Vechten  and  Judge 
Plait  were  the  most  prominent.  How  is  this  to  be  ac- 
counted for  1  It  is  true,  I  believe,  that  the  colored  elect- 
ors in  New- York  and  Albany  had  generally  voted  the 
federal  ticket,  but  it  would  perhaps,  be  uncharitable  and 
unjust  to  charge  gentlemen,  on  either  side,  who  took  an 
active  part  in  the  discussion  and  decision  of  this  question, 
in  the  convention,  with  having  been  influenced  in  any 
considerable  degree  by  party  considerations. 

The  third  amendment  recommended  by  the  select  com- 
mittee was  in  these  words: 

§  3.  Laws  shall  be  made  for  ascertaining  by  proper 
proofs,  the  citizens  who  shall  be  entitled  to  the  right  of 
suffrage  hereby  established.     The  legislature  may  provide 


22  POLITICAL     HISTORY  [IS21. 

by  law,  that  a  register  of  all  citizens  entitled  to  the  right 
of  suffrage,  in  every  town  and  ward,  shall  be  made  at 
least  twenty  days  before  any  election;  and  may  provide 
that  no  person  shall  vole  at  any  election,  who  shall  not 
be  registered  as  a  citizen  qualified  to  vote  at  such  elec- 
tion. 

This  clause  was  resisted  by  Gen  Root.  He  thought  he 
said,  "  that  such  a  muster  roll  of  voters  would  be  imprac- 
ticable and  lead  to  mischievous  consequences,  by  depriving 
many  legal  voters  of  the  right  of  suffrage  in  consequence 
of  not  having  their  names  properly  inserted  on  the  mus- 
ter list." — {Carte/s  Convention,  p.  373.) 

Colonel  Young  and  Mr.  Van  Vechten  opposed  him, 
but  on  taking  the  ayes  and  noes,  it  appeared  sixty-six 
were  for  striking  out  against  forty-eight  who  were  for 
retaining  the  section.  I  perceive  that  Mr.  Sharpe  of 
New-York,  voted  with  Gen.  Root  on  this  question. 

On  the  22d  of  September,  Judge  Spencer  offered  the 
following  amendment  to  the  first  section  as  reported  by 
the  committee  : — 

"  Other  than  for  senators;  and  that  in  elections  for 
senators,  every  free  male  citizen  of  the  age  of  twenty- 
one  years,  who  shall  have  been,  one  year  next  preceding 
the  election,  an  inhabitant  of  this  state,  and  at  the  time  of 
offering  himself  as  an  elector,  shall  have  an  interest  in 
law  or  equity,  in  his  own  or  in  his  wife's  right,  in  any 
lands  or  tenements  in  this  state,  of  the  value  of  two  hun 
dred  and  fifty  dollars  over  and  above  all  debts  charged 
thereon,  shall  be  entitled  to  vote  for  senators  in  the  town 
or  ward  in  which  he  shall  reside." 

This  amendment  presented  distinctly  the  great  question 
whether  the  freehold  qualification  should  be  retained  as  a 
necessary  qualification  to  a  voter  for  any  of  the  depart- 
ments of  government.  It  was  discussed  with  great  talent 
and  zeal  on  both  sides,  and  the  debate  which  lasted  several 


16-21.] 


OF    KEW-YORK. 


23 


days,  finally  called  out  the. efforts  of  the  most  talented 
members  of  the  convention.  1  cannot,  perhaps,  give  a 
better  synopsis  of  these  debates  than  by  copying  the 
opening  speech  of  Judge  Spencer,  together  with  some 
remarks  of  Chancellor  Kent,  and  the  reply  to  both  gen- 
tlemen by  Gen.  Root.  A  perusal  of  these  speeches  will 
put  the  reader  in  possession  of  the  leading  topics  which 
were  discussed  during  the  agitation  in  the  convention  of 
this  interesting  question. 

"  Mr.  Chairman — In  presenting  you  the  amendment, 
j(said  the  chief  justice,)  which  I  have  now  moved,  it  will 
be  perceived  that  if  it  be  adopted,  there  will  be  different 
qualifications  for  the  electors  of  the  senate,  and  of  the 
governor,  lieutenant-governor,  anfl  members  of  assembly, 
and  all  other  elective  officers.  The  constitution,  as  it  now 
stands,  provides  that  the  senate  shall  consist  of  thirty-two 
freeholders  to  be  chosen  by  the  freeholders  of  the  state, 
possessed  of  freeholds  of  the  value  of  one  hundred 
pounds  over  and  above  all  debts  charged  thereon.  The 
report  of  the  select  committee,  and  the  amendment  of  the 
gentleman  from  Delaware,  propose,  with  the  dash  of  the 
pen,  to  obliterate  this  part  of  our  constitution,  to  destroy 
a  barrier  in  legislation,  which  the  wisdom  of  the  sages 
and  patriots  of  the  revolution  have  erected  for  our  pro- 
tection. It  has  been  insinuated,  that  as  we  have  already 
unanimously  agreed  to  abolish  the  existing  qualifications 
of  electors,  we  in  some  measure  stand  pledged  to  abolish 
the  distinction  between  the  electors  of  the  senate  and  as- 
sembly. This  is  not  a  correct  deduction  from  the  vote 
we  have  given.  The  vote  taken,  implies  no  more  than 
that  we  are  willing  to  extend  the  right  of  suffrage,  as  far 
as  may  consist  with  the  public  good,  but  no  farther.  It 
will  be  perceived,  that  the  amendment  I  have  the  honor 
to  propose,  admits  all  persons  having  an  interest  in  real 
estate  of  the  value  of  two  hundred  and  fifty  dollars,  either 


24  POLITICAL     KISTOKY  [1621. 

in  law  or  equity,  wilhout  regiini  to  the  tenure,  so  that 
persons  havin;^-  a  KastlioU!  interest,  or  holding  lands 
under  contract  for  purchase,  anil  who  shall  have  by  pay- 
ments or  improvenun'LS,  added  to  the  value  lo  the  amount 
of  two  hundred  and  fifty  dollars,  will  be  entitled  to  vote 
for  senators:  and  the  riglit  will  extend  to  those  who  hold 
lands  in  right  of  their  wives. 

"  It  is  well  known,  sir,  t!:at  in  the  rapiil  and  unexam- 
pled extension  of  the  settlement  of  the  western  parts  of 
our  state,  a  mode  of  Sc'liing  lands,  not  within  the  view  or 
contemplation  of  the  framers  of  our  constitution,  has  be- 
come common.  I  mean  sales  by  contract,  stipulating  to 
give  deeds,  when  the  purchase  money  shall  have  been 
paid.  In  that  immense  and  ferUle  territory,  ovrned  by 
the  Holland  company,  sales  by  such  contracts  are  the 
usual  and  ordinary  modes.  Tiiis  has  also  been  the  case, 
very  extensively,  in  other  parts  of  the  state.  These  in- 
dustrious and  valiiabie  citliiens,  who  have  paid  portions  of 
the  purchase  money,  or  vvho  have  made  valuable  an'!  use- 
ful improvements,  ought  to  be  entitled  to  vol:e  for  sena- 
tors, and  the  amendment  I  propose  will  give  them  that 
right.  They  ought  thus  to  vote,  because  they  represent 
portions  of  the  soil,  and  because  they  have  that  attach- 
ment to  the  preservation  of  all  the  rights  incident  to  real 
estate. 

"  I  must  not  be  misunderstood — I  am  wiring  and  desi- 
rous that  the  rights  of  suffrage  be  establisheil  on  a  broad 
and  liberal  basis,  compreliending  for  the  one  branclj  or 
the  other,  all  those  who  possess  sufficient  independinrc-  to 
exercise  this  important  privilege  in  a  manner  compatible 
with  the  interests  of  society  itself. 

"  It  would  seem  to  me,  that  those  who  propose  to 
abolish  all  distinctions  between  the  electors  of  the  senate, 
and  other  officers  of  the  government,  were  bound  lo  shew 
f^  'his  convention,  cither  that  tiiis  abolition  was  demanded 


1^21.] 


OF    NEW-yORX. 


25 


by  th'e  formers  and  the  people  of  this  state,  or  that  the 
original  institution  itself  was  vicious  in  principle,  or  bad 
in  its  operation.  I  hope  it  is  not  enough  to  induce  us  to 
make  such  a  material  innovation  in  our  form  of  govern- 
ment, merely  because  we  hope,  or  believe,  it  will  improve 
our  constitution,  or  that  other  states  have  not  adopted  the 
same  provision. 

"  It  has  been  assumed,  that  the  people  call  for  this  al- 
teration— that  they  do  expect  an  extension  of  the  right  of 
suffrage,  I  believe  and  admit;  but  that  they  demand  the 
abolition  of  all  distinction  in  the  qualification  of  electors 
for  the  senate  and  assembly,  I  do  not  know  or  believe; 
and  I  may  confidently  demand  the  proof  of  any  general 
call  or  expectation,  that  such  a  measure  should  be  adopted, 
lias  the  constitution  operated  badly  in  this  respect  1  Or 
is  the  organization  of  the  senate  unsound  or  vicious  in 
principle  1 

"If  it  shall  be  insisted  thst  for  the  last  twenty  years, 
the  senate  has  not  been  superior  to  the  assembly  in  wis- 
dom or  gravity,  are  there  not  causes  by  which  we  can  ac- 
count for  this  deficiency  1  The  constitution  divided  the 
state  into  four  great  districts;  and  although  these  liave 
been  altered,  s'rill  they  have  been  very  large  and  extensive. 
The  candidates  for  election  have  been  unknown  to  nine- 
tenths  of  the  electors,  they  have  never  been  heard  of, 
until  their  names  were  announced  for  their  chnice;  and 
when  we  siipercidd  to  this,  that  the  state  for  a  long  pe- 
riod has  been  rent  and  torn  by  faction — that  party 
spirit  has  pervaded  the  whole  community — that  active, 
and  ambitious,  and  restless  individuals  have  assumed  the 
direction  and  control  of  the  elections,  it  is  not  to  be  won- 
dered at,  that  the  senate  has  not  been  such  as  the  framers 
of  the  constitution  contemplated;  for  the  question  put  by 
the  electors  as  to  the  qualifications  of  candidates,  has  not 
been  whether  they  \ve;e    wise,  or  good,  or  virtuous,  but 


26  POLITICAL    HISTOilY  [  1  ^0  I . 

what  are    tlielr  politics,  ami  undtr  whose  banner  are  they 
enrolled  1 

'*  This  deplorable  state  of  things,  which  has  disgraced 
us  as  a  people,  and  a  state,  will  no  longer  exist,  if  we 
adopt  and  improve  the  report  of  the  legislative  committee 
in  subdividing  the  state,not  only  into  seventeen,  but  as  I  fer- 
vently hope,  into  thirty-two  electoral  districts  for  senators. 
Then  the  anticipation  and  wisdom  of  those  immortal  pa- 
triots, whose  labours  we  are  now  revising,  will  appear;  then 
the  electors  and  the  elected  will  become  known  to  each; 
then  we  may  hope  to  sec  our  senate  what  it  ought  to  be,  the 
council  of  ancients,  composed  of  great,  wise,  good,  and 
grave  mm. 

"  Those,  Mr.  Chairman,  who  suppose  that  a  sound 
branch  of  the  legislature,  the  senate,  was  intended  merely 
as  a  check  upon  the  first,  (the  assembly)  appear  ..to  me  to 
have  misunderstood  its  organization  and  design.  It  was 
intended  to  be  difierently  composed  and  differently  organ- 
ized for  other  purposes,  than  a  mere  second  branch  of 
legislation. 

"The  objects  of  government  are  the  protection  of  life, 
liberty,  and  property.  These  are  important  and  para- 
mount rights;  and  every  wise  frame  of  government  will 
extend  its  protecting  care  over  all  and  each  of  them. 

"  The  assembly,  consisting  of  greater  numbers,  elected 
by  all  the  sound  and  wholesome  part  of  the  adult  male 
population  of  the  state,  is  more  emphatically  charged 
with  tiie  protection  anil  preservation  of  the  personal  rights, 
the  lives  and  liberties  of  the  citizens.  The  senate  was 
intended  as  the  guardians  of  our  property  generally,  and 
especially  of  the  landed  interest,  the  yeomanry  of  the 
state. 

"  I  shall  ask  leave  of  the  committee,  sir,  to  submit  to 
them  the  ideas  of  an  illustrious  statesman,  now  no  more. 
I  have  heard  with  great  pleasure  an  eulogy  pronounced 


1821.] 


OF     NEW-YORK. 


27 


on  another  occasion,  on   the  deceased  General  Hamilton. 
It  met  my  most  hearty  approbation.     Now  that  he  is  en- 
tombed, we  can  do  justice  to  his  memory  without  incur- 
ring envy   or  reproach.     For  profundity  of  thought,  for 
purity  of  intention,  for  depth  of  research,  and  clearness 
of  investigation,  none  excelled  him;  and  I  may  'say  with 
truth,  that  his  name  and  his  works  have  added   lustre  and 
honor  to  our  nation.     In  the  sixty-second  number  of  the 
Federalist, attributed  to  his  pen,  and  undoubtedly  his  own, 
in  speaking  of  the  organization  of  the  senate  of  the  Uni- 
ted States,  he  says:  '  It  is  a  misfortune,  incident  to  repub- 
lican government,  though  in  a  less  degree  than  to  other 
governments,  that    those    who   administer    it,  may  forget 
their  obligations  to  their  constituents,  and  prove  unfaith- 
ful  to    their  important   trust.     In    this    point  of  view  a 
senate,  as  a  second  branch    of  the    legislative    assembly, 
distinct  from,  and  dividing  the  power  with  a  first,  must  be 
in  all  cases  a  salutary  check  on  the  government.     It  dou- 
bles the  security  of  the  people,  by  requiring  the  concur- 
rence of  two   distinct  bodies  in  schemes  of  corruption,  or 
perfidy,  where  the  ambition  or  corruption  of  one  would 
otherwise  be  sufficient.     This  is  a  precaution  founded  on 
such    clear  principles,  and  now  so  well  understood  in  the 
United  States,  that  it  would  be  more  than  superfluous  to 
enlarge  on  it.     I  will  barely  remark,  that  as  the  improba- 
hility  of  sinister  comhinations  will  he  in  proportion  to  the 
dissimilarity  in  the  genius  of  the  tico  bodies,  it  must  be 
politic  to  distinguish  them  from  each  other  by  every  cir- 
cumstance  which  will  consist  with  a  due  harmony  iii  all 
proper  measures,  and  with  the  genuine  principles  of  repub- 
lican government.'' 

"  Here  is  a  distinct  admonition  that  a  dissimilarity  in  the 
genius  of  the  two  legislative  branches  adds  to  the  secu- 
rity of  the  people.  But  we  are  not  without  another  high 
authority  from  a  most  distinguished  source.     The  opinions 


28  .        roLiTicAL    HISTORY  [1^:21. 

of  Mr.  JefftTson  have  been  read  to  Ihe  convention,  on  a 
former  question,  by  a  menaber  from  Otsego;  that  great 
man,  though  alive,  and  living  in  dignified  and  philosophic 
retirement,  may  be  considered  as  much  withdrawn  from 
the  contentions  and  strifes  of  the  world,  as  if  he  were 
entombed.  He  has  given  us  a  precise  and  distinct  avowal 
of  his  matured  opinion  on  this  interesting  point.  In  his 
Notes  on  Virginia,  lie  has  discussed  the  imperfections  of 
their  constitution,  and  given  to  the  world  the  substance  of 
a  L&nstitulion,  which  he  wished  to  see  adopted  in  his  na- 
tive state.  In  speaking  of  the  senate  under  the  existing 
government,  he  says: — "  Tiie  senate  is  by  its  constitution, 
too  homogeneous  with  the  house  of  delegates;  being  cho- 
sen by  the  same  electors,  it  the  same  time,  and  out  of  the 
same  subjects,  the  choice  falls  of  course  07i  men  of  the 
same  description.  The,  purpose  of  estahlishing  differ ernt 
■ici/ses  of  legislaticn  is  to  introduce  the  inflicetice  of  dif- 
ferent interests  or  dtiffcrent  principles P 

"  Can  there  be  a  plainer,  or  more  self-evident  proposi- 
tion, as  applied  to  the  jtrivate  transactions  of  men;  than  if 
an  individual,  having  great  and  interesting  concerns,  found 
it  necessary  to  appoint  two  agents  to  manage  those  con- 
c(  rns,  as  guards  and  checks  against  the  dishonesty  or  the 
defective  judgment  of  the  one,  would  he  appoint  two 
precisely  similar  in  their  feelings,  judgments,  motives,  and 
habits  1  Or,  if  wise,  would  he  not  select  men  possessing 
different  qualities,  that  thus  he  might  combine  everything 
essential  to  the  promotion  and  preservation  of  his  own  in- 
terests? If  the  agents  were  exactly  alike,  moved  by 
the  same  impulses,  having  an  identity  of  qualifications,  in 
eflect  he  would  have  but  one  agent,  and  his  precaution  of 
checks  would  be  nugatory. 

"In  my  juilgraenl,sir,  there  are  other  and  mightier-  con- 
siderations still,  in  favor  of  the  proposition  which  I  have 
submi'ted      From  the  vast  extent  of  this  state,  from  the 


18-21.] 


OF     NEW-YORK. 


29 


fertility  of  its  soil,  and  the  salubrity  of  its  climate,  we  are 
destined  under  a  free  and  wise  government,  to  increase  in 
a  ratio  incalculable.     This  state,  within  a    century,  must 
contain  a  population  of  raany  millions.     Are  we  amend- 
ing our  constitution  to  last  our  own  lives  only  1     Are  we 
establishing  fundamental  principles  for  this  and  the  next 
generation  only  1     No,  sir.     If  we  are    Vt^ise,    we    must 
take  a  prospective  view  and  we  must  endeavor,  as  far  as 
humanity  will  allow,  to  impress  on  our  doings  the  seal  of 
immortality.     We   must  fashion  our  constitution  to  suit 
the  present  and  future  times.     In  this  view,  as  we  have 
repeatedly  been  admonished  upon  this  floor,  we  must  con- 
template, that  the  condition  of  the  community  will  change; 
that  other    interests  will  spring  up;  that  we   are  to  bo- 
come  a  manufacturing  state;  that  commerce  and  the  me- 
chanical arts  will  be  widely  and  extensively  established. 
At  present  the   agricultural    interest  predominates;    but 
who  can  foresee,  that  in  process  of  time,  it  will  not  be- 
come the  minor  body  1     And  what  is  there  to  protect  the 
landed  interests  of  the  state,  the  cultivators  of  the  soil, 
if  the  wide  and  broad  proposition  on  your  table  be  adopted; 
admitting  the  whole  mass  of  the  adult  male  population 
of  the  state  to  vote  not  only  for  governor  and  lieutenant- 
governor,  and  assembly,  but  senators   also  1     He   would 
venture  to  predict,  that  the  landed  interests  of  the  state 
will  be  at  the  mercy  of  the  other  combined  interests;  and 
thus  all  the  public  burthens  may  be  thrown  on  the  landed 
property  of  the  state. 

"  It  may  be  said  that  the  smallness  of  the  number,  and 
the  duration  of  the  office  of  senators  for  four  years,  will 
give  the  requisite  dissimilarity  between  the  two  branches, 
and  thus  obviate  the  necessity  of  a  distinction  in  the  quali- 
fication of  the  electors.  This  he  conceived  to  be  a  mis- 
take. The  duration  of  the  office  may  make  the  senators 
somewhat  more  independent,  but  it  can  neither  alter  nor 


30  POLITICAL     HISTORY  [1921. 

change  the  identity  of  their  composition;  and  thesmallness 
of  the  number  can  have  no  other  effect  than  to  promote 
a  more  familiar  discussion. 

'*  However  subdivided  the  legislature  may  be  in  its  seve- 
ral branches,  if  it  be  composed  of  persons  exactly  similar 
in  qualifications,  and  be  elected  by  persons  having  the 
same  qualifications,  it  will  be  virtually  one  and  the  same 
body.  Put  one  body  in  an  upper  house,  the  other  in  a 
lower  house;  call  one  lords,  the  other  commons,  it  avails 
nothin<T;  they  are  but  one  body,  possessing  the  same  feel- 
ings, the  same  sympathies,  and  the  same  objects.  It  was 
a  conviction  of  this  immutable  truth,  which  led  the  fra 
mers  of  our  constitution  to  establish  a  difference  in  the 
qualification  of  the  electors;  and  I  may  confidently  appeal 
to  the  intelligence  of  this  convention,  that  hitherto  its 
operation  has  not  been  injurious  to  the  interests  of  society; 
on  the  contrary,  we  have  lived  securely,  we  have  enjoyed 
every  protection,  and  we  have  prospered  beyond  example. 

"  Let  me  ask,  sir,  whether  this  great,  this  radical,  this 
fundamental  change,  which  goes  to  break  down  a  barrier 
of  our  constitution,  has  been  demanded  by  the  sober  sense 
of  this  community  1  I  again  say,  that  I  have  no  knowl- 
edge of  any  disposition  existing  to  any  considerable  extent, 
to  make  this  deep,  and,  as  1  firmly  believe,  dangerous  in- 
novation. 

"  Is  it  desirable  that  we  should  remove  the  safeguards  of 
property,  and  destroy  the  incentive  to  acquire  it,  by  ren- 
dering it  insecure  1  By  removing  these  guards,  we  repress 
industry,  frugality,  temperance,  and  all  those  exertions  to 
the  acquisition  of  landed  property,  which  make  good  citi- 
zens. Are  we  jealous  of  property,  that  we  should  leave 
it  unprotected  1  To  the  beneficence  and  liberality  of 
those  who  have  property,  we  owe  all  the  embellishments 
and  the  comforts  and  blessings  of  life.  Who  build  our 
churches,  wlio  erect  our  hosj)itals,  who  raise  our  school 


1821.] 


OF    NEW-VORK. 


31 


houses  ?  Those  who  have  property.  And  are  they  not 
entitled  to  the  regard  and  fostering  protection  of  our  laws 
and  constitution  1  Let  nae  not  be  suspected  of  a  disposi- 
tion to  infringe  or  curtail  the  rights  of  any  portion  of  the 
community.  I  would  impart  the  right  of  electing  the 
assembly,  the  most  numerous  branch  of  legislation,  to 
every  man  whom  we  believe  will  exercise  the  right  with 
independence  and  integrity;  and  thus  the  rights  of  every 
portion  of  the  people  will  be  protected.  I  have  said,  on 
a  former  occasion,  that  the  rule  adopted  must  necessarily 
be  a  general  rule;  but  let  us  take  care,  whilst  we  nomi- 
nally give  the  right  of  voting  to  a  particular  description 
of  our  citizens,  that  we  do  not  in  reality  give  it  to  their 
employers.  The  man  who  feeds,  clothes,  and  lodges  an- 
other, has  a  real  and  absolute  control  over  his  will.  Say 
what  we  may,  the  man  who  is  dependant  on  another  for 
his  subsistence,  is  not  an  independent  man,  and  he  will 
vote  in  subservience  to  his  dictation.  Let  us,  then,  take 
care,  whilst  we  abominate  aristocracy,  that  we  do  not 
actually  organize  it,  by  giving  to  the  rich  an  undue  influ- 
ence, and  by  creating  venal  votes  to  be  bought. 

"  Here  it  would  be  profitable  to  look  to  that  country 
from  which  most  of  us  are  derived;  I  mean  England. 
Independently  of  the  rotten  burroughs,  which  send  fifty 
or  sixty  members  to  parliament,  and  which  are  owned  by 
individuals,  there  are  districts  containing  from  one  hun- 
dred to  five  hundred  electors,  and  sending  upwards  of  one 
hundred  members  to  the  house  of  commons,  who  noto- 
riously and  publicly  buy  their  seats,  by  different  modes 
of  corruption  and  bribery.  In  some  places  the  electors 
have  long  been  habituated  unblushingly  to  receive  for 
their  votes  a  fixed  and  standard  price.  In  others,  it  is 
managed  with  more  decency;  but  the  corruption  is  gross 
and  palpable;  and  who  has  not  hoard,  and  read,  of  the 
tumults,  the  riots,  the  mobs,  and  the  murders  attending 


32  POLITICAL    HISTOKY  [3P2]. 

tiieir  elections  1  Al  no  very  rrmote  pericJ,  when  luxury 
anrl  vice  shall  have  extended  their  empire  among"  us,  as 
they  assuredly  will,  may  we  not  expect,  if  we  admit  the 
mass  of  our  adult  male  population  to  vote  for  every 
branch  of  the  government,  to  see  these  disgusting  scenes 
acted  among  us? 

"  Ought  not  these  considerations  to  induce  us  as  wise 
men,  to  endeavor  to  preserve  to  the  landed  interest  of  the 
country  one  branch  of  I'le  legislature,  by  adhering  to  the 
principles  established  by  our  fathers,  and  sanctified  by 
experience  1 

"  Mr.  S.  s;vid  he  was  aware  that  he  might  be  misunder- 
stood and  misrepresented;  for  this  lie  had  no  anxiety;  he 
had  endeavored  to  act  according  to  the  dictates  of  his  best 
judgment,  and  he  had  the  approval  of  his  conscience. 
We  had  a  record,  and  on  that  imperishable  evidence  he 
should  be  willing  to  transmit  to  future  ages  his  vote  on 
this  solemn  and  important  occasion/' 

'*  Chancellor  Kent.  1  am  in  favor  of  the  amendment 
which  has  been  submitted  by  my  honorable  colleague  from 
Albany;  and  I  must  beg  leave  to  trespass  for  a  few  mo- 
ments upon  the  patience  of  the  conimittee,  while  I  state 
the  reasons  which  have  inthjced  me  to  v/ish  tliat  the  senate 
should  continue,  as  heretofore,  the  representative  of  the 
landed  interest,  and  exempted  from  the  control  of  univer- 
sal sutfrage.  I  hope  v/hat  I  may  have  to  say  will  be 
kindly  received,  for  it  will  be  well  intended.  Eut,  if  I 
thought  otherwise,  1  should  still  prefer  to  hazard  the  loss 
of  the  little  popularity  which  I  might  have  in  this  house, 
or  out  of  it,  than  to  hazard  the  loss  of  the  apJ^rohation  of 
my  own  conscience. 

"  I  have  reflected  upon  the  report  of  the  select  commit- 
tee wiih  a'.tention  and  with  anxiety.  We  appear  to  be  dis- 
regarding the  j)r:ncipies  of  the  constitution, under  whi'-h  we 
have  so  long  and  5;o  haitpily  liveil,  an;!  lo  be  changing  some 


1821.]  OF    NEW-YOKK.  33 

of  its  essential  institutions.  I  cannot  but  think  that  the  con 
siderate  men  who  have  studied  the  history  of  republics, or 
are  read  in  lessons  of  experience,  must  look  with  concern 
upon  our  apparent  disposition  to  vibrate  from  a  well  bal- 
anced government  to  the  extremes  of  the  democratic  doc- 
trines. Such  a  broad  proposition  as  that  contained  in  the 
report,  at  the  distance  of  ten  years  past,  would  have  struck 
the  public  mind  with  astonishment  and  terror.  So  rapid 
has  been  the  career  of  our  vibration, 

"  Let  us  recall  our  attention,  for  a  moment  to  our  past 
history. 

"  This  state  has  existed  for  forty-four  years  under  our 
present  constitution,  which  was  formed  by  those  illustrious 
sages  and  patriots  who  adorned  the  revolution.  It  has 
wonderfully  fulfilled  all  the  great  ends  of  civil  government. 
During  that  long  period  we  have  enjoyed  in  an  eminent 
degree  the  blessings  of  civil  and  religious  liberty.  We 
have  had  our  lives,  our  privileges,  and  our  property,  pro- 
tected. We  have  had  a  succession  of  wise  and  temperate 
legislatures.  The  code  of  our  statute  law  has  been  again 
and  again  revised  and  corrected,  and  it  may  proudly  bear 
a  comparison  with  that  of  any  other  people.  We  have 
had,  during  that  period,  (though  I  am,  perhaps,  not  the 
fittest  person  to  say  it,)  a  regular,  stable,  honest,  and  en- 
lightened administration  of  justice.  All  the  peaceable 
pursuits  of  industry,  and  all  the  important  interests  of 
education  and  science,  have  been  fostered  and  encouraged. 
We  have  trebled  our  numbers  within  the  last  twenty-five 
years,  have  displayed  mighty  resources,  and  have  made 
unexampled  progress  in  the  career  of  prosperity  and 
greatness. 

"  Our  financial  credit  stands  at  an  enviable  height;  and 
we  are  now  successfully  engaged  in  connecting  the  great 
lakes  with  the  ocean  by  stupendous  canals,  which  excite 

C 


34  POLITICAL     HISTORY  [1S21. 

the  admiration  of  our  neighbors,  and  will  make  a  conspicu- 
ous figure  even  upon  the  map  of  the  United  Slates. 

"  These  are  some  of  the  fruits  of  our  present  govern- 
ment; and  yet  we  seem  to  be  dissatisfied  with  our  condi- 
tion, and  we  are  engaged  in  the  bold  and  hazardous  expe- 
riment of  remodelling  the  constitution.  Is  it  not  fit  and 
discreet — I  speak  as  to  wise  men — is  it  not  fit  and  proper 
that  we  should  pause  in  our  career,  and  reflect  well  on  the 
immensity  of  the  innovation  in  contemplation  1  Discon- 
tent in  the  midst  of  so  much  prosperity,  and  with  such 
abundant  means  of  happiness,  looks  like  ingratitude,  and 
as  if  we  were  disposed  to  arraign  the  goodness  of  Provi 
dence.  Do  we  not  expose  ourselves  to  the  danger  of 
being  deprived  of  the  blessings  we  have  enjoyed  1 — When 
the  husbandman  has  gathered  in  his  harvest,  and  has  filled 
his  barns  and  his  granaries  with  the  fruits  of  his  industry, 
if  he  should  then  become  discontented  and  unthankful, 
would  he  not  have  reason  to  apprehend  that  the  Lord  of 
the  harvest  might  come  in  his  wrath,  and  with  his  light- 
ning destroy  them  1 

"  The  senate  has  hitherto  been  elected  by  the  farmers 
of  the  state — by  the  free  and  independent  lords  of  the 
soil — worth  at  least  two  hundred  and  fifty  dollars  in  free- 
hold estate,  over  and  above  all  debts  charged  thereon. 
The  governor  has  been  cliosen  by  the  same  electors,  and 
we  have  hitherto  elected  citizens  of  elevated  rank  and 
character.  Our  assembly  has  been  chosen  by  fieeholders, 
possessing  a  freehold  of  the  value  of  fifty  dollars,  or  by 
persons  renting  a  tenement  of  the  yearly  value  of  five 
Hollars,  and  who  have  been  rated  and  actually  ptiid  taxes 
to  the  itate.  By  the  report  before  us  we  propose  to  an- 
nihilate, at  one  stroke,  all  those  property  distinctions,  and 
to  bow  before  the  idol  of  universal  sufTraL''e.  That  ex- 
treme ileniocratic  jirinciple,  when  applied  to  the  Ic'irislative 
arid  executive  departments  of  trovernmt  nt,  has  been  re- 


lb-2L] 


OF     NEW-YORK. 


35 


garfled  with  terror  by  the  wise  men  of  every  age,  because 
in  every  European  republic,  ancient  and  modern,  in  which 
it  has  been  tried,  it  has  terminated  disastrously,  and  been 
productive  of  corruption,  injustice,  violence,  and  tyranny. 
And  dare  we  flatter  ourselves  that  we  are  a  peculiar  peo- 
ple, who  can  run  the  career  of  history  exempted  from  the 
passions  which  have  disturbed  and  corrupted  the  rest  of 
mankind  1  If  we  are  like  other  races  of  men,  with  sirai 
lar  follies  and  vices,  then  I  greatly  fear  that  our  posterity 
will  have  reason  to  deplore  in  sackcloth  and  ashes,  the 
delusion  of  the  day. 

"  It  is  not  my  purpose  at  present  to  interfere  with  the 
report  of  the  committee,  so  far  as  respects  the  qualifica- 
tions of  electors  for  governor  and  members  of  assembly. 
I  shall  feel  grateful  if  we  may  be  permitted  to  retain  the 
stability  and  security  of  a  senate,  bottomed  upon  the  free- 
hold property  of  the  state.  Such  a  body,  so  constituted, 
may  prove  a  sheet  anchor  amidst  the  future  factions  and 
storms  of  the  republic.  The  great  leading  and  governing 
interest  of  this  state,  is,  at  present,  the  agricultural;  and 
what  madness  would  it  be  to  commit  that  interest  to  the 
winds.  The  great  body  of  the  people  are  noAV  the  owners 
and  actual  cultivators  of  the  soil.  With  that  wholesome 
population  we  always  expect  to  find  moderation,  frugality, 
order,  honesty,  and  a  due  sense  of  independence,  liberty, 
and  justice.  It  is  impossible  that  any  people  can  lose 
their  liberties  by  internal  fraud  or  violence,  so  long  as  the 
country  is  parcelled  out  among  freeholders  of  moderate 
possessions,  and  those  freeholders  have  a  sure  and  efficient 
control  in  the  affairs  of  government.  Their  habits,  sj'm- 
pathies,  and  employments,  necessarily  inspire  them  with 
a  correct  spirit  of  freedom  and  justice;  they  are  the  safest 
guardians  of  property  and  the  laws:  We  certainly  cannot 
to(>  highly  appreciate  the  value  of  the  agricultural  interest: 
It  is  (be  foundation  of  national  wealth  and  power.     Ac- 


36  POLITICAL     HISTORY  [15^21, 

cording  to  the  opinion  of  her  ablest  political  economists, 
it  is  ihe  surplus  produce  of  the  agriculture  of  England, 
that  enables  her  to  support  her  vast  body  of  manufacturers, 
her  formidable  fleets  and  armies,  and  the  crowds  of  per- 
sons eniraoed  in  the  liberal  professions  and  the  cullivaiion 
of  the  various  arts. 

"  Now,  sir,  I  wish  to  preserve  our  senate  as  the  repre- 
sentative of  the  landed  interest.  I  wish  those  who  have  an 
interest  in  the  soil,  to  retain  the  exclusive  possession  of  a 
branch  in  the  legislature,  as  a  stronghoKl  in  which  they 
may  find  safety  through  all  the  vicissiliidcs  which  the 
state  may  be  destined,  in  the  course  of  Providence,  to 
experience.  I  wish  them  to  be  always  enabled  to  say  that 
their  freeholds  cannot  be  taxed  without  their  consent. 
The  men  of  no  property,  together  with  the  crowds  of  de- 
pendants connected  with  great  manufacturing  and  com- 
mercial esiablishments,  and  the  motley  and  undtfinable 
population  of  crowded  ports,  may,  perhaps,  at  some  future 
day,  under  skilful  management,  predominate  in  the  as- 
sembly; and  yet  we  should  be  perfectly  safe  if  no  laws 
could  pass  without  the  free  consent  of  the  owners  of  the 
soil.  That  security  we  at  present  enjoyj  and  it  is  that 
security  which  I  wish  to  retain. 

"The  apprehended  danger  from  the  experiment  of  uni- 
versal suffrage  applied  to  ihe  whole  legislative  department, 
is  no  dream  of  the  imagination.  It  is  too  mighty  an 
excitement  for  the  moral  constitution  of  men  to  endure. 
The  tendency  of  universal  suffrage,  is  to  jeopardize  the 
rights  of  property,  and  the  principles  of  liberty.  There 
is  a  constant  tendency  in  human  society,  and  the  history 
of  every  age  proves  it — there  is  a  tendency  in  the  poor  to 
covet  and  to  share  the  plunder  of  the  rich;  in  the  debtor 
to  relax  or  avoid  the  obligation  of  contracts;  in  the  majo- 
rity to  tyrannize  over  the  minority,  and  tram[)le  down  their 
rights;    in    the   imlolent  and    the   profligate,  to   cast  the 


1»21.]  OF    NEW-YORK.  37 

whole  burthens  of  society  upon  the  industrious  and  the 
virtuous;  and  there  is  a  tendency  in  ambitious  and  wicked 
men  to  v\flam.e  these  combustible  materials.  It  requires  a 
vigilant  government,  and  a  firm  administration  of  justice, 
to  counteract  that  tendency.  Thou  shall  not  covet;  thou 
shalt  not  steal;  are  divine  injunctions  induced  by  this 
miserable  depravity  of  our  nature.  Who  can  undertake 
to  calculate  with  any  precision,  how  many  millions  of 
people  this  great  state  will  contain  in  the  course  of  this 
and  the  next  century;  and  who  can  estimate  the  future 
extent  and  magnitude  of  our  commercial  ports  1  The 
disproportion  between  the  men  of  property,  and  the  men 
of  no  property,  will  be  in  every  society  in  a  ratio  to  its 
commerce,  wealth,  and  population.  We  are  no  longer  to 
remain  plain  and  simple  republics  of  farmers,  like  the 
New-England  colonists,  or  the  Dutch  settlements  on  the 
Hudson.  We  are  fast  becoming  a  great  nation,  with  great 
commerce,  manufactures,  population,  wealth,  luxuries,  and 
with  the  vices  and  miseries  that  they  engender.  One- 
seventh  of  the  population  of  the  city  of  Paris  at  this  day 
subsists  on  charity,  and  one-third  of  the  inhabitants  of 
that  city  die  in  the  hospitals;  what  would  become  of  such 
a  city  with  universal  suffrage  ?  France  has  upwards  of 
four,antl  England  upwards  of  five  millions  of  manufactur- 
ing and  cortlmercial  laborers  without  property.  Could 
these  kingdoms  sustain  the  weight  of  universal  suffrage  1 
The  radicals  in  England,  with  the  force  of  that  mighty 
engine,  would  at  once  sweep  away  the  property,  the  laws, 
and  the  liberties  of  that  island  like  a  deluge. 

"The  growth  of  the  city  of  New-York  is  enough  to 
startle  and  awaken  those  who  are  pursuing  the  ig^nis  fatuus 
of  universal  suffrage. 


"In  1773 

it  had 

21,000  souls 

1801 

(( 

60,000  do. 

1806 

Cl 

76,000  do. 

1820 

u 

123,000  do. 

38  POLITICAL    HISTORY  [18.21. 

"It  is  rapidly  swelling  into  the  unwieldy  population, 
and  with  the  burdensome  pauperism,  of  an  European  me- 
tropolis. New-York  is  destined  to  become  the  future 
London  of  America;  and  in  less  than  a  century,  that  city, 
with  the  operation  of  universal  suffrage,  and  under  skilful 
direction,  will  govern  the  state. 

"  The  notion  that  every  man  that  works  a  day  on  the 
road,  or  serves  an  idle  hour  in  the  militia,  is  elititled  as  of 
right  to  an  equal  participation  in  the  whole  power  of  the 
government,  is  most  unreasonable,  and  has  no  foundation 
in  justice.  We  had  better  at  once  discard  from  the  report 
such  a  nominal  test  of  merit.  If  such  persons  have  an 
equal  share  in  one  branch  of  the  legislature,  it  is  surely  as 
much  as  they  can  in  justice  or  policy  demand.  Society 
is  an  association  for  the  protection  of  property  as  well  as 
of  life;  and  the  individual  who  contributes  only  one  cent 
to  the  common  stock,  ought  not  to  have  the  same  power 
and  influence  in  directing  the  property  concerns  of  the 
partnership,  as  he  who  contributes  his  thousands.  He 
will  not  have  the  same  inducements  to  care,  and  diligence, 
and  fidelity.  His  inducements  and  his  temptation  would 
be  to  divide  the  whole  capital  upon  the  principles  of  an 
agrarian  law. 

"Liberty,  rightly  understood,  is  an  inestimable  blessing, 
but  liberty  without  wisdom,  and  without  justice,  is  no 
better  than  a  wild  and  savage  licentiousness.  The  danger 
which  we  have  hereafter  to  apprehend,  is  not  the  w'ant,  but 
the  abuse,  of  liberty.  We  have  to  apprehend  the  oppres- 
sion of  minorities,  and  a  disposition  to  encroach  on  private 
right — to  disturb  chartered  privileges — and  to  weaken, 
degrade,  and  overawe  the  administration  of  justice;  we 
have  to  apprehend  the  establishment  of  unequal,  and  con- 
sequently, unjust  systems  of  taxation,  and  all  the  mischiefs 
of  a  crude  and  mutable  legislation.  A  stable  senate,  ex- 
empted from  the  influence  of  universal  suffrage,  will  pow- 


IM21.]  OF    NEW-VOUK  39 

orfully  check  these  tlangerous  propensities,  and  such  a 
check  becomes  the  more  necessary,  since  this  convenlion 
has  already  determined  to  withihaw  the  watchful  eye  of 
the  jutlicial  department  from  the  passage  of  laws. 

"  We  are  destined  to  become  a  great  manufacturing  as 
well  as  comniercial  stale.  We  have  already  numerous 
and  prosperous  factories  of  one  kind  or  another,  and  one 
master  capitalist  with  his  one  hundred  apprentices,  and 
journeymen,  and  agents,  and  depemlants,  will  bear  down 
at  the  polls  an  equal  number  of  farmers  of  small  estates  in 
his  vicinity,  who  cannot  safely  unite  for  their  common 
defence.  Large  manufacturing  anil  mechanical  establish- 
ments can  act  in  an  instant  with  the  unity  and  efficacy  of 
disciplined  troops.  It  is  against  such  combinations, 
among  others,  that  I  think  we  ought  to  give  the  freehold- 
ers, or  those  who  have  interest  in  land,  one  branch  of  the 
legislature  for  their  asylum  and  thfir  comfort.  Universal 
suffrage  once  granted,  is  granted  forever,  and  never  can 
be  recalled.  There  is  no  retrograde  step  in  the  rear  of 
democracy.  However  mischievous  the  precedent  may  be 
in  its  consequences,  or  however  fatal  in  its  effects,  univer- 
sal suffrage  never  can  be  recalled  or  checked,  but  by  the 
strength  of  the  bayonet.  We  stand,  therefore,  this  mo- 
ment, on  the  brink  of  fate,  on  the  very  edge  of  the  preci- 
pice. If  we  let  go  our  present  hold  on  the  senate,  we 
commit  our  proudest  hopes  and  our  most  precious  inte- 
rests to  the  waves. 

"It  ought  further  to  be  observed,  that  the  senate  is  a 
court  of  justice  in  the  last  resort.  It  is  the  last  deposi- 
tory of  public  and  private  rights;  of  civil  and  criminal 
justice.  This  gives  the  subject  an  awful  consideration, 
and  wonderfully  increases  the  importance  of  securing 
that  house  from  the  inroads  of  universal  suffrage.  Our 
country  freeholders  are  exclusively  our  jurors  in  the  ad- 
ministration of  justice,  and  tliere  is  equal  reason  that  none 


40  POLITICAL     HISTORY  H    "2 1 . 

but  those  who  have  an  interest  in  the  soil,  should  have 
any  concern  in  the  composition  of  that  (-ourt.  As  long  as 
the  senate  is  safe,  justice  is  safe,  property  is  safe,  and  o»ir 
liberties  are  safe.  But  when  the  ■wisdom,  the  integiity, 
and  the  independence  of  that  court  is  lost,  we  may  be 
certain  thai  the  freedom  and  happiness  of  the  stale  aie  fled 
forever. 

"I  hope,  sir,  wo  shall  not  carry  desolation  through  all 
the  departments  of  the  fabric  erected  by  our  fathers.  T 
hope  we  shall  not  put  forward  to  the  world  such  a  new 
constitution  as  will  meet  with  the  scorn  of  the  wise  and 
the  tears  of  the  patriot." 

"Gen.  Root.  I  rejoice  that  this  proposition  l)as  pre- 
sented itself  distinctly  to  the  committee,  and  l)0})e  that  its 
rejection  may  be  had  in  a  plain  and  unequivocal  manner. 
It  ilivides  itself  into  two  branches. — 1st.  Whether  the 
senate  and  assembly  ought  to  be  elected  by  different  per- 
sons, so  as  to  possess  genius  and  feelings  hostile  to  each 
other;  and,  2dly.  Whether  it  is  properly  provided  for  by 
the  amendment  that  is  now  proposed. 

"That  these  two  branches  should  be  so  organised  as  to 
possess  ditTerent  genius,  the  honorable  gentleman  from 
Albanv,  (Mr.  Spencer,)  has  referred  to  the  writings  of 
illustrious  statesmen  to  pro\e.  I  have  no  objection  to 
hear  eulogies  upon  departed  statesmen  and  illustrious 
individuals.  But  however  justly  those  eulogies  may  be 
pronounced  in  respect  to  personal  worth,  I  do  not  feel  that 
the  people  of  this  state  are  to  regard  thiir  opinions  wiih 
the  reverence  due  to  holy  writ.  I  am  not  dlsj)Osed  to 
detract  from  the  merits  of  the  illustrious  Hamilton.  But 
I  do  desire  that  we  may  not  be  carried  away  by  specula- 
tions, merely  because  they  were  advanced  by  eminent  men. 
Sir  Robert  Walpole  and  W^illiam  Pitt  the  younger,  were 
great  and  illustrious  men;  but  we  all  know  that  their  doc- 
trines were  hostile  to  liberty,  and  however  suitable  for  a 


1:^*21.]  OF    NEW-YORK.  41 

monarchical  j^overnment,  were  not  at  all  calculated  for  a 
republican  or  dcinocratic  people.  And  if  Mr.  Ilauullon 
had  entertained  the  views  that  now  animate  the  people  of 
this  state,  would  he  have  proposed  in  the  Convention  of 
the  United  States,  that  the  governors  of  the  several  states 
should  all  be  appointed  by  the  supreme  executive  ?  Sir, 
I  very  well  remember  that  when  I  had  the  honor  to  think 
and  act  on  political  subjects  with  the  gentleman  from  Al- 
bany, although  we  respected  the  character  and  talents  of 
Mr.  Hamilton,  neither  of  us  respected  his  political  opin- 
ions or  his  writings. 

"  But  why  must  the  two  branches  of  the  legislature  be 
composed  of  different  genius  and  heterogeneous  materials'? 
To  constitute  a  sufficient  check,  says  the  gentleman: — and 
so,  for  this  purpose,  it  must  consist  of  discordant  elem.ents! 
Is  this  the  way  that  government  should  be  constituted  '? 
That  the  dififerent  branches,  instead  of  harmonious  move- 
ment, should  be  set  in  hostile  array  against  each  other  1 
The  honorable  gentleman  has  adverted  to  the  case  of  an 
individual  employing  two  agents  for  the  transaction  of  his 
business.  Sir,  I  want  no  better  example  to  illustrate  my 
views  of  the  subject,  and  to  deduce  a  consequence  directly 
the  reverse  of  that  which  he  has  drawn.  Were  I  that 
individual,  I  would  choose  men  who  might  act  in  unison, 
and  counsel  each  other  upon  the  subject  matter  of  their 
agency.  If  they  possessed  different  tempers — opposite 
opinions,  and  hostile  feelings,  could  I  expect  that  the 
agency  would  be  well  manageil  1 — Would  not  my  inte- 
rests be  lost  sight  of,  in  their  distractions  and  animositiesi 
What  government  ever  sent  two  ministers  to  negotiate  a 
treaty, and  selected  them  for  their  known  hostility  to  each 
other? 

"  I  agree  that  in  a  monarchical  government,  where  little 
liberty  is  left  to  the  people,  it  is  necessary  to  have  such 
checks  as  gentlemen    have  described.     In  such  govern- 


42  POLITICAL     HISTORY  [1821. 

ments  there  are  dilTerent  orders,  as  lords  and  commons  in 
Enoiand;  ditFerent  estates,  as  in  the  diets  of"  Sweden,  Din- 
mark,  and  Germany.  But  the  necessity  in  those  govern- 
ments bears  no  analogy  to  ours.  We  have  no  ditferent 
estate?,  having  dilFerent  interests,  necessary  to  be  guarded 
from  encroachment  by  the  watchful  eye  of  jealousy.  We 
are  all  of  the  same  estate — all  commonersj  nor,  until  we 
have  privileged  orders,  and  aristocratic  estates  to  defend, 
(an  tliis  argument  apj)!y. 

■•'  But  it  is  urged  that  this  difTerent  genius  of  the  senate 
is  necessary  to  protect  the  landed  inteiest: — to  prevent 
the  mob,  the  rabble,  or  the  radicals,  as  they  woulil  be 
ca'led  in  England,  from  laying  a  tax  on  the  lands  of  the 
rich,  and  not  on  their  own — when  gentlemen  say  they 
have  got  none  !     This  argument  destroys  itself. 

"  But  the  honorable  gentleman  fiom  Albany,  (Mr. 
Spencer,)  is  apprehensive  that  we  shall  encourage  aristo- 
cracy by  enabling  the  manufacturer  to  control  the  votes 
o!  tiie  hundred  men  he  employs.  The  argument  is — you 
must  raise  up  and  protect  aristocracy  in  the  senate — for 
what  purpose  1  To  avoid  aristocracy  !  But  does  the 
geiilieman  suppose  that  this  powerful  manufacturer  is  not 
connected  with  the  landed  interest  7  Is  not  the  manufac- 
tory itself  real  estate  ?  And  will  he  be  disposed  to  break 
down  real  estate,  who  has  such  a  powerful  inteiest  to 
support  it  1 

"But  another  honorable  gentleman,  (Mr.  Kent,)  has 
said,  that  the  senate  must  be  preserved,  because  it  is  our 
dernier  resort  as  a  court  of  justice.  It  must  be  protected, 
to  preserve  the  judiciary  from  falling  a  sacrifice  to  those 
whose  pursuits  are  commerce  and  manufactures.  But  will 
not  these  classes  feel  as  strong  an  interest  in  sustaining 
them,  as  the  farmer  back  in  the  woo.Is  7  Have  they  not 
more  frequent  occasion  to  resort  to  them  for  the  protection 
of  their  riL!;hts  1 


16-21.] 


OF    NEW-YORK. 


43 


"In  relation  to  the  second  branch  of  inquiry,  il  seems 
to  be  aiUnitledj  that  heretofore  the  senate,  iihliough  elected 
by  freeholders,  has  not  possessed  a  superiority,  in  any  re- 
spect, over  the  other  branch  of  the  legishiture;  but  the 
fault  is  laid  on  the  size  of  the  four  great  districts;  and 
now  th.at  the  state  is  to  be  divided  into  seventeen  senato- 
rial districts,  faction  will  hide  its  hated  head.  I  agree, 
sir,  tliat  the  time  has  been,  that  senators  in  the  western 
district  inay  have  derived  their  nomination  from  the  city 
of  Albany. 

"By  the  plan  that  is  now  offered,  freeholders,  those 
having  a  clear,  equitable  right  of  the  value  of  two  humheil 
and  fiity  dollars,  are  to  be  allowed  to  vote  for  senators. 
How  are  the  qualifications  of  these  equiiaUe  freeholders^ 
as  they  have  been  nicknamed,  to  be  ascertained  %  Shall 
it  be  referred  to  their  own  oaths  1  This  is  a  dangerous 
temptation  to  perjury,  and  the  honorable  member,  (Mr. 
Spencer,)  has  more  than  once  opposed  any  provision  that 
hoiild  allow  a  man  to  qualify  himself  by  his  own  oath. 
Shall  it  then  be  determined  by  the  chancellor  1  Sir,  I  am 
not  yet  prepared  to  refer  to  that,  or  any  other  officer, 
however  respectable,  the  power  to  control  and  determine 
the  suffrages  of  the  people. 

"  I  admit,  that  such  persons  should  be  enabled  to  vote 
for  senators;  but  I  am  not  willing  that  they  should  wade 
through  uncertainty,  if  not  perjury,  to  attain  it. 

"The  balance  of  the  different  branches  of  the  govern- 
ment has  been  a  theme  of  warm  admiration.  It  has  been 
likened  to  a  beautiful  pyramid,  of  which  the  king  was  the 
apex,  the  people  the  base,  and  the  aristocracy  in  the  cen- 
tre, that  is,  between  the  head  and  the  tail.  I  am  not  dis- 
posed to  carry  my  admiration  so  far  as  to  place  the  peo- 
ple's ccovernor  at  the  top,  the  people's  legislature  at  the 
bottom,  and  an  aristocratic  senate,  between  two  fires,  in 
.he  middle.     However  pleasant  the  theory  may  be,  it  is 


44  POLITICAL    HISTORY  [Irr'il. 

incompatible  with  the  genius  of  our  government.  These 
powerful  checks  may  be  necessary  between  different  fami- 
lies, possessing  adverse  interests, but  can  never  be  salutary 
among  brothers  of  the  same  family,  whose  interests  are 
similar.  Look  at  past  experience.  Has  not  the  senate, 
although  elected  by  freeholders,  been  as  democratic  as  the 
other  branch  ?  Give  them  a  longer  term  of  service,  which 
will  enable  them  to  quell  any  mad  passions  that  may  be 
ext  lied  in  the  popular  branch;  and  their  fewer  numbers 
will  enable  them  more  easily  to  correct  any  hasty  and 
unadvised  legislation  of  the  assembly;  and  these  are  the 
only  wholesome  and  necessary  checks  that  the  nature  of 
our  government  requires." 

"  Mr.  P.  R.  Livingston  had  hoped,  that  the  subject 
would  not  pass  the  convention  without  a  more  thorough 
examination.  As  a  member  of  the  select  committee  he 
had  acquiesced  in  the  report,  and  had  not  yet  been  con- 
vinced that  the  positions  they  had  taken  were  erroneous. 

"He  was  well  persuaded,  that  every  member  of  the 
convention  was  a  friend  to  property,  and  to  the  landed 
interest.  But  he  thought  that  the  views  of  some  gentle- 
men, if  adopted,  were  not  calculated  to  advance  the  cause 
of  civil  liberty. 

"Allusions  had  been  made  to  the  formation  of  the  con- 
stitution under  which  we  live;  and  what  was  the  first  fea- 
ture in  our  remonstrance  against  the  usurpations  of  Britain"? 
Was  it  not  that  taxation  and  representation  were  recipro- 
cal; and  that  no  imposition  could  be  laid  upon  us  without 
our  consent  1  Was  it  the  paltry  tax  on  tea  that  led  to  the 
revolution  ?  No,  sir;  it  was  \\\q  principle^  for  which  we 
contended:  and  the  same  principle,  in  my  judgment,  re- 
quires a  rej(  ction  of  the  proposition  now  on  your  table. 
But  we  are  asked,  what  evidence  we  have  that  the  people 
want  this  extension  of  suffrage?  Sir,  seventy-four  thou- 
'<'^\\A  witnesses  te.nificd,  last  spring,  that  they  wanted  it. 


1S21.]  OF    NEW-YORK.  45 

Meetings  and  resolutions,  public  prints,  and  converi.ation 
have  united  to  require  it. 

"  It  is  concluded,  however,  that  the  measure  proposed 
by  the  original  amendment  jeopardizes  the  landed  interest. 
Sir,  it  is  the  landed  interest,  in  common  with  others,  that 
have  demanded  this  measure  at  our  hands:  and  will  they 
resort  to  projects  which  are  calculated  to  injure  ourselves'? 
France  has  been  alluded  to.  The  French  revolution,  sir, 
has  produced  incalculable  blessings  to  that  country.  Be- 
fore that  revolution  one-third  of  the  property  of  the  king- 
dom was  in  the  hands  of  the  clergy;  the  rest  in  the  hands 
of  the  nobility.  Where  the  interest  of  one  individual  has 
been  sacrificed,  the  interests  of  thousands  have  been  pro- 
moted. After  dining  with  that  friend  of  universal  liberty, 
the  patriotic  La  Fayette,  he  once  invited  me  to  a  walk 
upon  the  top  of  his  house,  that  commanded  a  view  of  all 
the  surrounding  country.  Before  the  revolution,  said  he, 
all  the  farms  and  hamlets  you  can  see  were  mine.  I  am 
now  teduced  to  a  thousand  acres,  and  I  exult  in  the  diini- 
nuiion,  since  the  happiness  of  others  is  promoted  by  par- 
ticipation. 

"  Tliis,  sir,  is  the  language  of  true  patriotism;  the  lan- 
guage of  one  whose  heart,  larger  than  his  possessions, 
embraced  the  whole  family  of  man  in  the  circuit  of  its 
beneficence.  And  shall  we,  with  less  ample  ilomains, 
refuse  to  our  poorer  neighbors  the  common  piivileges  of 
freemen  1 

"  But,  sir,  we  are  told  and  warned  of  the  rotten  bo- 
roughs ot  England.  By  whom  are  they  owned  1  By 
men  of  wealth.  They  confer  the  right  of  representalion 
on  the  few,  to  the  exclusion  of  the  many.  They  are 
always  found  in  the  views  of  the  monarch;  and  while 
aristocracy  is  supported  by  the  house  of  lords,  the  house 
of  commons  is  borne  down  by  the  boroughs. 


46  POLITICAL     HISTOIIY  [18Q1. 

"It  is  said  that  wealth  builds  our  churches,  establishes 
our  schools,  endows  our  colleges,  and  erects  our  hospitals. 
But  have  these  institutions  been  raised  without  the  hand 
of  labor  1  No,  sir;  and  it  is  the  same  hand  tliat  has  lev- 
elled the  sturdy  oak,  the  lofly  pine,  and  the  towering 
hemlock,  and  subdued  your  forests  to  a  garden.  It  is  not 
the  fact,  in  this  country,  that  money  controls  labor;  but 
labor  controls  money.  When  the  farmer  cradles  his 
wheat  and  harvests  his  hay,  he  does  not  find  the  laborer 
on  his  knees  before  him  at  the  close  of  the  day,  solicitous 
for  further  employment;  but  it  is  the  farmer  who  takes 
off  his  hat,  pays  him  his  wages,  and  recjuests  his  return  on 
the  morrow. 

"Apprehensions  are  professed  to  be  entertained,  that 
the  merchant  and  manufacturer  will  combine  to  the  preju- 
dice of  the  landed  interest.  But  is  not  agriculture  the 
legitimate  support  of  both  ?  And  do  gentlemen  really 
suppose  that  they  will  madly  combine  to  destroy  them 
selves?  If  the  title  to  land  contributed  to  the  elevation 
of  the  mind,  or  if  it  gave  stability  to  independence,  or 
added  wisdom  to  virtue,  there  might  be  good  reason  for 
proportioning  th'e  right  of  suffrage  to  the  acres  of  soil. 
But  experience  has  shewn  that  property  forms  not  the 
scale  of  wortli,  and  that  character  does  not  spring  from 
the  ground.  Ic  seems,  indeed,  to  be  thought,  that  poverty 
and  vice  are  identified.  But  look  to  the  higher  classes  of 
society.  Do  you  not  often  discover  the  grossest  abuse  of 
wealth  1  Look  to  the  republics  of  Greece.  They  were 
all  destroyed  by  tlie  wealth  of  the  aristocracy  bearing 
down  the  people. 

"And  how  were  the  victories  of  Greece  achieved  in  her 
bettor  days  ?  By  the  militia.  How  were  the  liberties  of 
Rome  sustained  1  By  her  militia.  How  were  they  lost? 
By  her  standing  ainuts.  How  have  we  been  carried 
triumphantly  through  two  wars  1     By  the  militia-— by  the 


1821.] 


OF    NEW-YORK. 


•47 


very  men  whom  it  is  now  sought  to  deprive  of  the  inesti- 
mable privilege  of  freemen.  And  whom  do  you  find  in 
your  armies  in  time  of  war  ?  The  miser  1  The  moneyed 
Shylock  ?  The  speculator  1  No,  sir;  it  is  the  poor  and 
hardy  soldier  who  spills  his  blood  in  defence  of  his  coun- 
try; the  veteran  to  whom  you  allow  the  privilege  to  fight, 
but  not  to  vote.  If  there  is  value  in  the  right  of  suffrage, 
or  reliance  to  be  placed  upon  our  fellow-citizens  in  time 
of  war,  where,  I  ask,  is  the  justice  of  withholding  that 
right  in  times  of  peace  and  safety  ?" 


Judge  Radcliff,  Messrs.  Tompkins,  Livingston,  Cramer, 
Buel,  Ross,  Van  Buren  and  Young  argued  ably  in  favor 
the  report  of  the  committee;  and  among  the  most  distin- 
guished of  those  who  opposed  it,  were  Judge  Van  Ness, 
Mr.  E.  Williams  and  Mr.  Van  Vechten.  These  gentle- 
men, and  especially  Mr.  V.  V.,  discussed  the  question 
with  great  ingenuity  and  talent. 

Mr.  Young  spoke  last  in  support  of  the  report^  when 
the  subject  was  in  fact  exhausted;  and  he  very  properly 
curtailed  his  remarks,  and  did  not  enter  into  a  general 
examination  of  the  questions  which  had  then  been  so  fully 
discussed.  But  Mr.  Van  Buren's  speech,  if  I  may  be 
permitted  to  express  an  opinion,  was  greatly  superior  to 
any  other  which  Vi'as  made  on  that  vitally  important  ques- 
tion. There  was  nothing  in  it  of  clap-trap  and  party 
slang:  it  was  a  dignified,  philosophical,  and  statesman- 
like view  of  the  subject:  logical  and  eloquent.  The  prin- 
cipal part  of  this  speech,  as  reported  by  Col.  Stone,  who 
was  by  no  means  partial  to  the  orator,  will  be  found  in 
the  proceedings  of  the  convention,  {p.  255,  265,)  and  in 
HcllancPs  Life  of  Van  Bure7i,  p.  164.  l(  Mr.  Van  Buren 
had  furnished  no  other  evidence  of  his  talents,  this  single 
argument  would  have  entitled  him  to  take  rank  among 
the  most  shlnino;  orators  and  able  statesmen  of  the  a^e. 


48  POLITICAL    HISTORY  [1821. 

The  stronc^  vote  of  one  hunched  to  nineteen  convinced 
the  o|)j)oncnis  of  the  extension  ot  the  elective  franchise 
that  all  I'urllier  resistance  would  be  vain  and  useless. 

Attempts  were  made  by  Gen.  Root,  and  others,  to  ex- 
tend the  right  of  siifTrage  still  farther  ihan  was  proposed 
by  the  select  committee.  This  was  opposed  by  Messrs. 
Van  Ruien,  Duer,  Nelson,  Sutherland  and  others,  who 
were  for  abolishing  the  freehold  qualification  of  voters. 
On  the  oihtr  hand,  some  of  those  who  had  most  zealously 
resisted  any  extension — and  among  these  Mr.  Williams  of 
Columbia  was  very  prominent — seemed  inclined  to  sup- 
port Gen.  Root,  Gov.  Tompkins  and  Col.  Young,  in 
sanctioning  almost,  if  not  quite,  the  principle  of  uni\ersal 
suffrage.  Mr.  Van  Buren  became  alarmed  at  this  course. 
He  believed  that  Mr.  Williams,  anti  the  gentlemen  with 
whom  Mr.W. acted, weredesirousofddeatingall alterations 
in  the  constitution,  and  he  suspected  that  their  object  was 
to  encouiage  Gen.  Root  and  his  friends,  to  push  their  no- 
tions ot  en'ariiinj;  the  right  of  suffrage  to  such  an  extent 
as  woiid  induce  the  people  to  place  their  seal  of  condem- 
nation <  ;;  ine  wliole  of  the  proceedings  of  the  convention. 
Was  there  not  danger  that  by  an  union  of  action  of  the 
ultras  of  both  pai  ties,  a  result  might  be  produced,  of  which 
the  pto|)Ie,  at  that  time,  would  not  approve  1  Mr.  Van 
Buren  did  not  hesitate  to  avow  those  suspicions,  and  put 
the  convention  on  their  guard  against  such  a  course  of 
action. 

Tliere  were,  in  fact,  on  this  question,  three  parties  in 
the  con  veil  I  ion.  One  of  these  parties  was  for  retaining 
the  freehold  qua'ification;  and  these  consisted  of  the  nine- 
teen who  voted  for  Judge  Spencer's  amendment.  The 
antijjodt  s  of  iliis  party  were  a  very  large  number  of  the 
members  wiio  were,  in  reality,  for  universiil  siifTrage.  At 
the  liead  of  this  party  were  Gen.  Root,  Gov.  Tompkins, 
Juilu'e   I'a'lcliir,  and   j).  rh;ips  Col.  Young  may  be  consid- 


1821.]  OF    KEW-YORK.  49 

ered  as  being  with  thtm.  Between  these  extremes  was  a 
class  of  men  who  may  be  called  conservatives,  who  were 
for  abolishing  the  freehold  qualification,  but,  at  the  same 
time,  were  for  placing  some  restrictions  on  the  right  of 
voting.  They  generally  held,  that  an  elector  ought  either 
to  be  a  freeholder  or  a  house-holder.  Van  Buren,  R. 
King,  Sutherland,  Duer^  Nelson,  N.  Williams  of  Oneida, 
S:c.,  were  among  the  most  prominent  men  of  the  conserva 
tive  corps.  The  final  determination  of  the  convention, 
in  respect  to  the  elective  franchise,  was  a  compromise 
between  the  conflicting  opinions  of  these  parties. 

In  cortcluding  the  history  of  this  branch  of  the  labors 
of  the  convention,  the  following  reflections  naturally  occur: 

Under  the  old  constitution  the  pov/er  of  creating  two 
departments  of  the  government  was  vested  in  the  freehold- 
ers of  the  state.  It  was  said  in  the  convention,  and  pro- 
bably said  truly,  that  of  the  persons  who  would  vote  on 
the  acceptance  or  rejection  of  the  proposed  amendments, 
nine-tenths  were  freeholders.  Here,  then,  was  a  class  of 
men  who  held  the  exclusive  power  of  government  in 
their  own  hands,  who  were  invited  to  resign,  and  who 
voluntarily  did  in  fact  resign  that  power,  or  a  portion  of 
it,  to  others  ?  Is  there  in  history  a  parallel  to  this  1  How 
is  it  to  be  accounted  for  1  From  our  cradles  we  had  been 
taught,  t»at  a  zealous  support  of  equal  rights  and  an  exten- 
sion of  equal  civil  privileges  to  all,  was  an  evidence  of 
our  devotion  to  liberty  and  the  true  principles  of  a  repub- 
lican government.  Hence  it  became  popular  to  advocate 
an  extension  of  the  right  of  suffrage.  I  infer,  then,  that 
it  was  a  sense  of  justice  in  some,  and  a  desire  of  political 
popularity  in  others — (a  passion,  in  republics,  as  control- 
ling as  the  passion  of  avarice) — which  produced  the  result 
— a  result  which  could  not  fail  to  astonish  the  lookers  on, 
in  other  countries,  who  witnessed  this  extraordinary  ciTil 
and  peaceable  revolution. 

D 


fiO  POLITICAL     HISTORY  [1821. 

I  submit  one  other  remark  :  It  is  not  at  all  surprising 
that  many  of  the  members  of  the  convention,  who  had 
grown  up  under  the  constitution  of  1777,  should  have  been 
alarmed  at  the  idea  of  universal  suffrage.  Experience, 
however,  has  proved  that  alarm  to  have  been  groundless. 
In  every  neighborhood,  in  every  common  school  district  in 
this  great  state,  there  are  to  be  found  sober  and  thinking 
men,  belonging  to  each  of  the  two  great  parties, Whose 
opinions  regulate  and  give  tone  to  public  opinion  in  such 
neighborhood.  These  men,  generally,  have  no  interest 
other  than  the  preservation  of  their  right  to  personal  lib- 
erty and  property,  and  the  general  interest  and  prosperity 
of  the  country.  There  is,  therefore,  no  danger,  there  can 
be  no  danger,  that  such  men  will  countenance  any  palpa- 
bly absurd  or  dangerous  measure.  It  is  the  office  and 
business  of  their  less  informed  neighbors  to  decide  upon 
the  conflicting  opinions  of  the  leading  men  of  these  little 
circles,  none  of  whom,  as  we  have  seen,  will  ever  be 
found  the  advocates  of  either  very  dangerous  or  absurd 
propositions.  Hence,  the  danger  from  universal  suffrage 
cannoi  be  great;  while  the  benefits  secured  by  it  are  more 
numerous  than  can  be  here  indicated. 

It  may  be  true,  and  it  undoubtedly  is  true,  that  the  right 
of  suffrage  is  not  a  natural  but  a  conventional  right;  else 
why  do  we  exclude  intelligent  and  virtuous  females,  and 
well  informed,  patriotic  young  men  that  are  less  than 
twenty-one  years  old  1  It  may  be  true,  and,  I  believe,  is 
true,  that  this  right,  or  privilege,  ought  to  be  committed 
to  those  persons  who  will  be  most  likely  to  exercise  it  for 
the  public  benefit.  It  may  also  be  true,  that  the  danger 
10  which  republics  are  most  ex'posed,  is  an  union  between 
the  extreme  rich  and  the  extreme  poor,  and  that,  when- 
ever these  extremes  shall  unite  and  thereby  become  so 
numerous  as  to  constitute  a  majoriiy,  tlie  government, 
although  it  may  retain  the  nauje  of  a  rej)ublic,  will  in  fact 


1821.]  OF    NEW-yORK.  51 

be  despotic.  It  may  be  true,  and,  in  my  judgment,  it  is 
true,  that  the  preservation  of  our  civil  institutions  depends 
upon  the  middle  class — a  class  between  the  extreme  rich 
and  the  extreme  poor — and  it  may  also  be  true  that  this 
middle  class  ought  to  be  invested  with  the  power  of  creat- 
ing one  department  of  the  government.  A  department 
thus  created  might  be  a  real,  and  not  a  nominal  check  on 
the  other  branches  of  the  state  authorities.  But  to  form  a 
co-ordinate  branch  of  the  legislature  who  might  safely  be 
relied  on  to  accomplish  such  an  object,  the  restriction  of 
a  freehold  qualification  of  two  hundred  and  fifty  dollars  is 
entirely  insufficient.  It  is  but  a  feeble  evidence,  in  this 
country,  of  a  man's  prudence  and  sagacity  that  he  has 
acquired  a  freehold  estate  of  the  value  of  two  hundred  and 
fifty  dollars;  and  it  is  still  less  an  evidence  of  pecuniary 
independence.  In  order  to  secure  the  election  of  a  legis- 
lative house,  by  electors  who  may  be  presumed  to  act 
with  perfect  pecuniary  independence,  each  elector  ought 
to  be  worth  at  least  one  thousand  dollars,  over  and  above 
all  debts.  A  senate  chosen  by  such  electors  might  be 
said  to  represent  the  property  of  the  community;  and 
what  is  of  still  more  importance,  they  unquestionably 
would  represent  that  middling  class  of  our  fellow-citizens, 
who  stand  between  the  very  rich  and  the  very  poor;  and 
on  whose  firmness,  inteHigence,  patriotism  and  .virtue,  I 
have  already  intimated,  that  even  now  the  preservation 
and  perpetuity  of  our  civil  institutions  depend.  There 
can  be  no  reason  to  apprehend  danger  from  the  separate 
action  of  the  extreme  poor,  because  the  middling  class,  in 
such  case,  would  unite  with  the  rich  and  overbalance  the 
poor  both  in  numbers  and  intelligence;  nor  is  there  reason 
to  fear  danger  from  the  extreme  rich,  for  were  they  to 
undertake  to  act  as  a  distinct  party,  the  middling  class 
would  unite  with  the  extreme  poor  and  effectually  defeat 
all    their  projects.     Perhaps  danger  may  be  anticipated 


52  POLITICAL    HISTORY  [1S21. 

from  an  union  of  action  between  the  extreme  rich  and  the 
extreme  poor,  it  being  possible  that  these  two  classes  may 
overbalance  the  middling  class. 

Another  great  object  which  engaged  the  attention  of 
the  convention,  was  a  reform  or  alteration  in  the  judicial 
department  of  the  government. 

The  judiciary  of  the  state  of  New- York,  under  the  old 
system,  had  merited  and  acquired  a  high  reputation  for 
legal  learning  and  talent,  as  well  as  for  independence  and 
integrity  in  the  administration  of  justice.  This  reputation 
was  not  confined  to  our  own  state.  The  decisions  of  our 
high  judicial  tribunals  were  treated  with  marked  respect, 
not  only  by  the  ablest  lawyers  in  our  sister  states,  but  by 
the  legal  profession  and  superior  courts  of  England. 
Chancellor  Kent,  at  the  time  of  the  convention,  was  actu- 
ally giving  equity  law  to  every  state  in  the  union.  There 
■were,  however,  complaints  existing  against  some  of  the 
judges  of  the  superior  courts,  and  especially  of  the  su- 
preme court.  It  was  urged  that  the  population  and  com- 
merce and  capital  of  the  state  had  immensely  increased, 
piobably  it  had  quadrupled,  since  the  supreme  court,  con- 
sisting of  five  judges,  had  been  formed.  That,  while  the 
business  of  that  court,  and  the  court  of  chancery,  had  in- 
creased in  a  ratio  at  least  equal  to  the  increase  of  popula- 
tion and  wealth,  the  number  of  judges  employed  in  the 
administration  of  justice  had  continued  to  be  the  same; 
that  the  despatch  of  business  which  the  public  exigency 
demanded,  required  more  force;  and  many  thought  that  a 
different  organization  of  the  courts  of  law  and  equity  had 
become  necessary.  But  this  was  not  all :  Complaints 
were  made  that  the  judges  of  the  supreme  court  had  be- 
come political  partisans;  that,  while  the  tenure  of  their 
oflBces  secured  them  from  removal,  and  from  the  fate  of 
other  political  partisans,  that  very  immunity  emboldened 
them  to  be  guilty  of  greater  violence  as  partisans.     An- 


'.rr;,-^* 


1821.]  OF   NEW-YORK.  53 

other  advantage  •which  they  held  under  the  old  constitu- 
tion, of  which  they  did  not  fail  to  avail  themselves,  was, 
that  although  they  could  not  be  removed  from  office,  yet 
they  could  be  candidates  for  better  offices  whenever  they 
chose  to  be  so.  This  was  a  palpable  error  in  the  consti- 
tution of  1777.  That  constitution,  by  rendering  the 
judges  of  the  higher  courts  eligible  to  elective  offices,  held 
out  a  sort  of  inducement  for  them  to  become  politicians; 
and  it  gave  them  an  unreasonable  advantage,  for  it  ena- 
bled them  to  play  a  political  game  in  which  they  could 
not  lose,  but  might  win. 

The  report  of  the  committee  on  the  judiciary,  was  such 
as  one  would  think  would  have  been  perfectly  satisfactory 
to  the  chancellor  and  judges  themselves. 

Mr.  Monroe,  as  chairman  of  the  judiciary  committee, 
reported:  That  the  court  of  chancery  should  consist  of  a 
chancellor  and  vice-chancellor,  and  that  the  legislature 
should  be  authorized  to  provide  for  the  appointment  of  a 
second  vice-chancellor,  if,  in  their  judgment,  the  public 
exigency  demanded  the  measure;  that  appeals  should  lie 
from  the  vice-chancellor  to  the  chancellor;  that  there 
should  be  created  a  superior  court  of  common  pleas,  which 
should  possess  jurisdiction,  with  very  trifling  exceptions, 
concurrent  with  the  supreme  court;  and  that,  from  this 
court,  error  might  be  brought,  directly  to  the  court  for  the 
correction  of  errors;  that  the  judges  of  these  courts  should 
be  judges  at  Msi  Prius^  and  try  all  the  issues  joined  in 
their  respective  courts;  and  that  they  should  hold  their 
offices  during  good  behaviour,  or  until  they  were  sixty- 
five  years  old  : 

That  the  chancellor,  vice-chancellor,  and  judges  of  the 
supreme  and  superior  courts,  should,  together  with  the 
senate,  constitute  the  court  for  the  correction  of  errors; 
that  they  should  not  be  eligible  to  any  elective  office  until 
two  years  after  they  should  cease  to  be  judges;  and  that 


54  POLITICAL    HISTORY  ll8'21. 

the  probate  and  registering  of  wills  should  be  Confided  to 
the  courts  of  common  pleas. 

This  scheme  was  originally  formed,  and,  as  I  believe, 
in  all  material  parts,  matured,  by  that  learned  lawyer  and 
able  statesman  William  A.  Duer.  At  any  rate,  I  have 
reason  to  believe  such  to  be  the  fact,  because  he  commu- 
nicated the  plan  to  me  some  time  before  the  meeting  of 
the  convention. 

On  the  22nd  of  October  the  convention  took  this  report 
into  consideration. 

Mr.  Monroe  opened  the  debate  by  an  expose  of  the 
principles  upon  which  the  committee  had  acted.  The 
committee,  he  stated,  were  unanimous  in  their  report,  with 
the  exception  of  Mr.  Wheeler,  who  entertained  opinions 
adverse  to  the  majority.  Mr.  M.,in  his  address,  carefully 
abstained  from  any  allusions  to  party  considerations,  or  to 
the  political  phnciples  or  conduct  of  any  of  the  judges 
He  discussed  the  question  in  the  abstract,  and  confined 
himself  entirely  to  topics  of  a  public  and  general  charac- 
ter. 

Immediately  upon  the  close  of  this  speech.  Gen.  Root 
rose  and  offered  a  substitute,  providing  that  the  judicial 
power  of  the  state  should  be  vested  "in  a  court  for  the 
trial  of  impeachments  and  the  correction  of  errors,  to  con- 
sist of  the  president  of  the  senate,  and  the  senators;  in  o 
supreme  court,  to  consist  of  a  chief  justice,  and  not  more 
than  four,  nor  less  than  two,  associate  justices;  in  circuit 
courts,  and  courts  of  common  pleas,  and  in  justices  of  the 
peace,  and  in  such  other  courts,  subordinate  to  the  su- 
preme court,  as  the  legislature  may  from  time  to  time 
establish.  The  state  shall  be  divided  into  a  convenient 
number  of  districts,  subject  to  alteration,  as  the  public 
good  may  require;  and  for  each,  a  circuit  judge  shall  be 
appointed  :  He  shall  have  the  same  powers  as  a  judge 
of  the  supreme  court  at  his  chambers  :     He  shall  have 


1821.]  OF  NKw-yoitK.  55 

the  power  to  try  issues,  joincfl  in  the  supreme  court;  to 
preside  j,n  courts  of"  oyer  and  terminer  and  jail  delivery j 
and.Jf  required  by  law,  to  priside  in  courts  of  common 
pleas  and  general  sessions  of  the  peace.  The  supreme 
court,  shall  have  jurisdiction,  in  all  cases,  in  law  and 
equity;  and  the  legislature  may,  in  their  discretion,  vest 
chancery  powers  in  other  courts  of  subordinate  jurisdic- 
tion :  Provided^  however^  That  the  court  of  chancery,  as 
at  present  organized,  shall  continue,  until  the  legislature 
shall  otherwise  direct." 

This  proposition  contemplated  a  total  revolution  in  the 
judiciary  department. 

It  pioposed,  first — The  abolition  of  the  existing,  and 
the  cieation  of  a  new  supre-rtie  court.  Second — The 
creation  of  a  corps  of  district  judges  for  the  trial  of  all 
issues  of  fact.  Third — Ttie  abolition  of  the  co>irt  of 
chancery,  and  the  transfer  of  the  equitable  powers  of 
that  couit  to  the  cruris  of  common   law. 

So  far  as  the  interests  or  feelings  of  parties  were 
concerntd,  the  great  object,  on  thti  one  hand,  was  to 
get  rid  of  the  judges  of  the  supreme  court,  by  consti- 
tui%nizing  them  out  of  office,  and,  on  the  other  hand, 
to  Jji-eserve  them.  With  respect  to  Chancellor  Kent, 
as  he' would  become'  ineligible  to  hiohi  the  office  of 
chancellor  within  a  few  months  after  'the  new  constitu- 
tion could  gb  into  operation,  no  mere'Joarty  considera- 
tions could  have  opeiated  on  any  porfi'^n  of  the  con- 
vention in  their  action .  in'  relation  to  thc'^'court  of  chan- 
cery. Colonel  Young  argued  in  supporf''4)f  Mr.  Root's 
project.  He  attempted  to  produce  ar(' ilfnpression  that 
the  plan  did  not  pre-suppose  a  removal  of  the  judges. 
He  was  sustained  by  Judge  RadclifT.  Mr.  Wheaton,  on 
the  other  hand,  argued  in  favor  of  the  report  of  the 
committee. 


56  POLITICAL    HISTORY  [!821. 

Mr.  N.  Williams  suggested  a  dilTerent  scheme,  (C.  R. 
p.  520.)  His  plan  was  lo  leave  the  supreme  court  with 
substantially  the  same  powers  it  then  held;  to  divide  the 
state  into  five  or  more  districts,  and  to  appoint  a  judge  in 
each  district,  with  power  to  try  all  issues  joined  in  the 
supreme  court,  and  to  perform  certain  other  duties.  The 
project  of  Air.  Williams  did  not  seem  to  excite  much  at- 
tention in  the  convention. 

Now  it  seems  to  me,  while  things  were  so  unsettled,  it 
would  have  been  sound  policy  in  the  judges,  and  those 
who  wished  to  retain  them  in  office,  to  have  exerted  them- 
selves with  zeal  and  energy,  either  in  support  of  Mr, 
Monroe's  report,  or  in  favor  of  the  plan  of  Mr.  Williams. 
But  I  cannot  perceive  that  they  did  either.  They  proba- 
bly w^ere  deluded  with  the  vain  hope  that  so  many  pro- 
jects would  be  put  forth  in  the  convtntion,  thai  that  body 
would  be  so  much  divided  into  factions  that  a  majority 
could  not  be  obtained  in  favor  of  any  one  scheme,  and 
ihat,  for  this  reason,  the  convention  would  dissolve  itself, 
leaving  the  supreme  court  in  possession  of  the  powers 
they  tl.en  held.  Mr,  Van  Vechlen,  the  most  able  and 
efficient  friend  of  the  judges,  was,  on  this,  as  on  all  other 
occasions,  opposed  to  any  innovations  or  alterations.  He 
was,  if  I  may  so  speak,  constitutionally  opposed  to  ail 
changes.  Strange,  that  such  shrewd  and  sagacious  men  as 
Judges  Spencer  and  Van  Ness  should  have  so  J'alally  de- 
ceived themselves.  The  increase  of  population,  of  com- 
merce, and  consequent  litigation  in  the  state,  eminently 
demanded  some  change  in  the  judiciary  dej)arlment.  lie- 
sides,  did  not  these  gentlemen  know  that  there  were  some 
dozen  of  the  leading  membeis  of  that  convention,  to  say 
nothing  of  the  out-door  expectants,  who  desued  to  be  ap- 
poinied  judges?        Did  ihey  not  know  thai  nine-tenlhs  of 


1821.] 


or    NEW-VORK. 


57 


the  members  of  that  body  had  come  there  with  an  expec 
tation  and  determination  to  make  some  radical  chan<:es  in 
the  judiciary  department  ? 

The  scheme  of  the  committee,  as  well  as  that  of  Mr 
Williams,  would  have  provided  for  the  public  exigency, 
and  would  have  furnished  places  for  aspirants,  v;rhile  either 
plan  would  have  secured  to  the  judges  the  enjoyment  of 
their  offices.  It  was  madness  in  them  to  hold  a  neu- 
tral position  in  the  vain  hope  that  their  enemies  would 
quarrel  so  much  about  the  mode  of  dividing  the  spoils  as 
to  separate,  leaving  them  in  the  quiet  enjoyment  of  their 
offices. 

Gen.  Root's  substitute  was  rejected — seventy-three  to 
vhirty-six.  It  would  seem  that  the  principal  reason  for 
this  rejection  was,  that  the  substitute  contemplated  the 
abolition  of  the  court  of  chancery. 

The  question  was  then  taken  on  the  first  section  of  the 
report  of  the  committee,  and  it  was  rejected,  seventy-nine 
to  thirty-three.  Gov.  Tompkins,  Mr.  Van  Buren,  Mr. 
Nelson,  Mr.  Paulding,  Mr.  Kin'r,  Mr.  Jay,  Mr.  Kent,  Mr. 
Van  Verhlen,  Mr.  Sutherland,  and  Mr.  Wheaton,  voting 
in  favor  of  it.  The  judges  of  the  supreme  court  did  not 
vote. 

This  vote  was  considered  by  the  convention  a  rejection 
:){ the  whole  report. 

Various  projects  were  then  submitted,  by  individuals,  to 
the  convention,  among  which  was  one  by  Mr.  Dodge  of 
Montgomery  county,  and  one  by  Mr.  Van  Euren,  both  of 
v/hich  proposed  the  creation  of  circuit  judges,  leaving  the 
supreme  court  in  possession  of  its  existing  powers.  These 
propositions  were  referred  to  a  committee  of  seven,  con- 
sisting of  Monroe,  Young,  Root,  Buel,  N.  Williams,  Van 
Buren  and  Schenck.  The  next  day  this  committee  r^* 
ported  in  favor  of  the  creation  of  circuit  judges. 


58  POLITICAL     HISTORY  1821. 

Upon  the  coming  in  oi"  this  report,  Col,  Young  remarked 
that  tlie 'committee  were  the  last  evening"  unanimous,  but 
that  one  member  had  that  morning  changed  his  opinion, 
which  had  set  every  thing  afloat. 

Mr.  Monroe  then  proposed,  as  a  first  section  of  the 
proposed  amendments,  a  provision  for  the  preservation  of 
the  court  of  errors,  tlie  coui  t  of  chancery,  and  the  supreme 
court. 

Gov.  Tompkins  thereupon  rose  and  said,  he  "  did  not 
rise  to  take  any  part  in  the  discussion  ;  but  as  it  seemed 
that  the  committee  had  not  been  unanimous,  and  that  a 
part  of  the  report  had  been  stricken  out,  he  would  move, 
for  the  purpose  of  presenting  the  question  fairly  to  the 
convention,  to  re-inseit  the  same,  to  constitute  the  first 
section,  in  the  following  words: 

"  The  judicial  power  of  this  state  shall  be  vested  in  a 
court  for  the  trial  of  impeachments  and  the  correction  of 
errors,  to  consist  of  the  president  of  the  senate,  the  sena- 
tois,  the  chancelloi-,  and  the  justices  of  the  supreme  court 
— in  a  court  of  chancery,  possessing  the  same  jurisdiction 
and  powers  as  the  present  court  of  chancery — in  a  su- 
preme court,  to  consist  of  a  chief  justice,  and  not  more 
than  four  and  not  less  than  two  associate  justices,  as  the 
legislature  may  prescribe,  possessing  the  same  jurisdiction 
and  powers  as  the  present  supreme  court  of  this  state,  and 
the  justices  thereof,  now  possess — in  courts  of  common 
pleas — of  general  sessions  of  the  peace,  and  in  such  other 
courts  as  may  from  time  to  time  by  law  be  established." 

It  will  readily  be  perceived  that  the  one  plan,  if  adopted, 
would  retain  the  judges  of  the  supreme  court,  while  the 
adoption  of  the  other  would  proably  result  in  their  remo- 
val. There  was,  as  Mr.  Briggs  on  some  occasion  observed, 
a  great  difference  between  a  constitutional  provision  estab- 
lishing the  supreme  court  and  a  supreme  court. 


1821.]  OF    NEW-YORK.  59 

Mr.  Monroe  stated,  in  explanation,  that  the  committee 
the  last  evening  were  equally  divideilj  three  were  for  one 
project,  and  three  for  the  other-  that,  as  chairinan,  he,  at 
that  time,  decided  in  favor  of  the  plan  embraced  in  the 
amendment  offered  by  Gov.  Tompkins;  but  subsequent 
reflection  had  convinced  him  he  was  wrong,  and  he  had  that 
morning  called  the  committee  together  and  informed  them 
of  his  change  of  opinion, and  altered  the  report  accordingly. 

The  amendment  of  Gov.  Tompkins  was  opposed  by 
Euel,  Edwards  and  Van  Vcchten,  at  some  length,  and 
with  great  ability;  and  supported  by  Gen.  Root  in  a 
speech  in  which  he  animadverted  with  much  severity  on 
the  political  conduct  of  the  judges.  He  also  gave,  in  de- 
tail, the  proceedings  of  the  select  committee,  and  alluded 
with  great  severity  of  sarcasm  to  the  conduct  of  the  chair- 
man. Mr.  Van  Buren,  in  his  reply,  made  one  of  his  best 
and  happiest  efforts.  He  said,  "  as  he  was  a  member  of 
the  committee  whose  report  was  under  consideration,  and 
to  the  proceedings  of  which  such  frequent  reference  had 
been  made,  some  explanation  of  his  views  became  a  duty. 
He  did  not  think  that  this  committee  could  receive  much 
advantage  from  a  detail  of  the  particular  proceedings  of 
the  select  committee,  and  he  would  not  therefore  follow 
his  colleagues,  in  the  examination  of  those  proceedings. 
What  had  already  transpireii,  superseded  the  necessity  of 
saying  that  there  had  been  much  warmth  and  altercation 
among  them;  there  had,  in  truth,  been  that  unprofitable, 
as  well  as  unpleasant  excitement,  which  he  had  anticipated 
yesterday,  when  he  made  an  unsuccessful  application  to 
the  convention  to  be  excused  from  serving  on  it. 

"  The  true  and  only  question  presented  by  the  amend- 
ment offered  by  the  president,  was,  whether  this  commit- 
tee were  prepared  to  insert  an  article  in  the  constitution, 
for  the  sole  purpose  of  vacating  the  offices  of  the  present 
chancellor  and  judges  of  the  supreme  court;    to  separate 


60  POLITICAL     HISTORY  [1821. 

them  from  the  other  officers  in  the  state;  and  to  apply  to 
thtm  a  rule,  which  hail  not  as  yet  been  applied  in  a  single 
instance.  Gentlemen  might  attempt  to  disguise  the  mat- 
ter as  they  would;  it  was  in  vain  tc^hope  that  it  could  be 
imderstood  by  the  people  in  any  other  light." 

He  argued  that  no  public  considerations  called  for  the 
removal  of  the  judges,  and  having,  as  he  believed,  proved 
the  truth  of  the  proposition,  he  said,  "  there  were,  there- 
fore, no  public  reasons  for  the  measure,  and  if  not,  then 
why  are  we  to  adopt  it  ?  Certainly  not  from  personal 
feelings.  If  personal  feelings  could  or  ought  to  influence 
us  against  the  individual*  who  would  probably  be  most 
affected  by  the  adoption  of  this  amendment,  Mr.  Van  Bu- 
ren  supposed  that  he,  above  all  others,  would  be  excused 
for  indulging  them.  He  could  with  truth  say,  that  he  had 
through  his  whole  life  been  assailed  from  that  quarter, 
with  hostility,  political,  professional,  and  personal — hos- 
tility which  had  been  the  most  keen,  active  and  unyielding. 
But,  sir,  said  he,  am  I  on  that  account,  to  avail  myself  of 
my  situation  as  a  representative  of  the  people,  sent  here 
to  n)ake  a  constitution  for  them  and  their  posterity,  and  to 
indulge  my  individual  resentment  in  the  prostration  of  my 
private  and  political  adversary  ?  He  hoped  it  was  unne- 
cessary ibr  him  to  say,  that  he  should  forever  despise 
himself  if  he  could  be  capable  of  such  conduct.  He  also 
hoped  that  that  sentiment  was  not  confined  to  himself  alone, 
and  that  the  convention  would  not  ruin  its  character  and 
credit,  by  proceeding  to  such  extremities." 

After  some  further  discussion,  the  question  was  taken 
on  the  amendment  proposed  by  Gov.  Tompkins,  and  lost: 
sixty-four  to  forty-four. 

The  first  section  proposed  by  Mr.  Monroe  was  lost,  by 
the  strong  vote  of  eighty-six  to  twenty-five.  Several 
other  projects  were  presented  to  the  convention,  but  none 

•  Presumed  to  allude  to  Judge  Van  Ness. 


1821. J  OF    NEW-YORK.  61 

were  favorably  received.  On  the  first  day  of  November, 
however,  Gen.  Carpenter,  a  lay  member  from  Tioga  coun- 
ty,submitted  to  the  convention  the  following  propositions: 

"  I.  The  supreme  court  shall  consist  of  a  chief  justice 
and  two  justices. 

"II.  The  state  shall  be  divided,  by  law,  into  a  conve- 
nient number  of  districts,  not  less  than  four,  nor  exceeding 
eight,  subject  to  alteration  by  the  legislature,  from  time  to 
time,  as  the  public  good  may  require;  for  each  of  which 
a  district  judge  shall  be  appointed  in  the  same  manner, 
and  hold  his  office  by  the  same  tenure  as  the  justices  of 
the  supreme  court;  who  shall  possess  the  powers  of  a 
justice  of  the  supreme  court  at  chambers,  and  at  the  trial 
of  issues  joined  in  the  supreme  court,  and  preside  in 
courts  of  oyer  and  terminer  and  general  jail  delivery;  and 
such  equity  powers  may  be  vested  in  the  said  district 
judges,  or  in  the  courts  of  common  pleas,  or  in  such  other 
subordinate  courts  as  the  legislature  may  by  law  direct, 
subject  to  the  appellate  jurisdiction  of  the  chancellor." 

This  proposition,  if  adopted,  involved  the  destruction 
of  the  old  court,  because  it  proposed  the  creation  of  a  new 
one.  From  several  intimations  made  by  members  of  the 
convention,  it  appeared  that  a  considerable  portion  of  that 
body  had  become  jealous  of  the  lawyers  who  were  mem- 
bers of  it.  It  is  not  improbable  that  Col.  Young,  General 
Root,  and  some  other  lawyers,  who,  it  will  be  perceived, 
were  active  in  favor  of  the  removal  of  the  judges  of  the 
supreme  court,  had  concocted  this  scheme,  and  had  select- 
ed Gen.  Carpenter  as  their  agent  to  propose  it,  with  a 
view  of  eluding  the  jealousies  to  which  I  have  referred. 
It  was,  in  substance,  the  same  plan  which  had  been  agreed 
on  by  the  majority  of  the  committee,  on  the  evening  of 
the  24th  October,  and  which  had  been  virtually  rejected 
by  the  convention. 


62  POLITICAL    HISTORY  [1S21. 

The  next  day  Gen.  Carpenter's  proposition  was  dis- 
cussed, and  it  soon  became  eviilent  that  several  gentlemen, 
who  had  before  manifested  a  desire  to  preserve  the  judges 
of  the  supreme  court,  were  now  in  favor  of  Gen.  Carpen- 
ter's plan.  Among  these  were  Doct.  Clarke  of  Delaware, 
and  Mr.  N.  Williams  of  Oneida  counties. 

The  project  was  supported  by  the  gentlemen  last  men- 
tioned j  by  Gen.  Root  and  Col.  Young,  with  their  usual 
ability-  and  by  Peter  R.  Livingston,  who,  instead  of  reason- 
ing, seemed  to  content  himself  with  delivering  a  violent 
philippic  against  the  judges.  He,  among  other  things, 
alleged  that  his  great  object  was  to  bring  those  gentlemen 
within  the  reach  of  the  appointing  power.  Mr.  Briggs, 
also,  made  a  very  cogent  argument  in  favor  of  Gen.  Car- 
penter's resolutions. 

Mr.  Buel,  Mr.  Monroe  and  Mr.  Van  Vechten,  argued 
on  the  other  side  of  the  question.  *  The  speech  of  Mr. 
Buel  was  very  able.  During  the  course  of  the  debates. 
Judge  Spencer  addressed  the  convention.  He  stated  that 
he  was  in  favor  of  appointing  circuit  judges,  who  should 
aid  the  judges  of  the  supreroe  court  in  the  trial  of  issues 
of  fact,  and  who  should,  ex-oficio^  be  members  of  the 
court  of  errors.  He  said  that  his  official  duties  would 
call  him  the  next  day  from  Albany,  and  that  that  was  the 
last  time  he  should  address  the  convention.  He  said  that 
he  had  little  or  no  personal  interest  in  the  question;  that 
he  should  very  soon  be  constitutionally  ineligible  to  the 
office  of  judge;  and  he  made  an  affecting,  dignified,  and 
manly  appeal  to  the  convention,  in  relation  to  the  fidelity 
and  integrity  with  which,  for  eighteen  years,  he  had  dis- 
charged his  duties  as  a  judge  of  the  suprem'e  court.  The 
speech  is  well  worthy  of  a  perusal,  and  will  be  found  in 
C.  R.  p.  604. 

Mr.  Whcaton  proposed  the  following  amendment  to 
the  first  section  offered  by  Gen.  Carpenter  : 


1821.]  OF   NEW-YORK.  63 

"  But  this  limitation  of  the  number  of  the  said  justices, 
shall  not  take  effect  until  their  number  shall  be  reduced  to 
three,  by  death,  resignation,  the  constitutional  limitation 
of  their  term,  or  removals  from  office;  and  that  until  such 
reduction  is  made,  the  said  justices  shall  continue  to  hold 
the  sittings  and  circuits  in  such  counties  as  may  be  pre- 
scribed by  law." 

The  vote  on  this  question  may  be  regarded  as  affording 
a  true  test  of  the  feelings  of  the  members,  either  for  or 
against  the  judges;  and  the  result  shows  that  a  large  ma- 
jority of  the  convention  were  against  them,  at  any  rate, 
that  a  large  majority  were  for  subjecting  them  to  the  or- 
deal of  the  appointing  power.  Mr.  Duer,  though  opposed 
to  the  project  of  General  Carpenter,  made  a  brief  speech 
in  opposition  to  this  amendment.  It  was  rejected  by  a 
vote  of  sixty-six  to  thirty-nine.  I  observe  that  Van  Bu- 
ren,  Dodge,  N.  Sanford,  Sharpe  and  Yates,  all  prominent 
democrats,  voted  for  Mr.  Wheaton's  amendment,  and  of 
course,  for  retaining  the  judges. 

The  question  was  then  taken  on  the  whole  proposition 
of  Mr,  Carpenter,  and  it  was  adopted,  as  follows  : 

Ayes — Messrs.  Barlow,  Birdseye,  Briggs,  Brinkerhoff, 
Brooks,  Burroughs,  Carpenter,  Carver,  Case,  Child,  D. 
Clark,  R.  Clarke,  Cramer,  Dubois,  Eastwood,  Fenton, 
Ferris,  Frost,  Hogeboom,  Howe,  Humphrey,  Hunt,  Hunt- 
ing, Hurd,  Knowles,  Lansing,  A.  Livingston,  P.  R.  Liv- 
ingston, Moore,  Nelson,  Park,  Pike,  Pitcher,  Price,  Pum- 
pelly,  Radcliff,  Reeve,  Richards,  Roswell,  Root,  Rose- 
brugh,  Ross,  Russell,  R.  Sandford,  Schenck,  Secly,  Shel- 
don, Stark\Aeather,  Steele,  Swift,  Taylor,  Townley, 
Townsend,  Tripp,  Tuttle,  Van  Fleet,  A.  Webster,  E. 
Webster,  W^heeler,  N.  V/illiams,  Wooster  and  Young — 
sixty-two. 

Noes — Messrs.  Bacon,  Baker,  Beckwith,  Breese,  Buel, 
Clyde,  Collins,  Dodge,  Duer,  Dyckmaii,  E(lwar<is,  Fairlit 


64  POLITICAL    HISTORY  [1321. 

Fish,  Hallock,  Hunter,  Huntington,  Jay,  Jones,  King, 
Lawrence,  Lefferts,  McCall,  Miliikin,  Monroe,  Paulding, 
Porter,  Rliinelander,  Rogers,  Rose,  Sage,  Sanders,  N. 
Sanford,  Seaman,  Sharpe,  I.  Smith,  R.  Smith,  Stagg,  I. 
Sutherland,  Sylvester,  Tallmadge,  Ten  Eyck,  Yan  Buren, 
Van  Home,  J.  R.  Van  Rennsselaer,  Van  Vechten,  Ver- 
bryck,  Ward,  Wendover,  Wheaton,  E.  Williams,  Woods, 
Woodward,  and  Yates — fifiy-tliree. 

This  vote  settled  this  great  question,  and  it  only  re- 
mained to  fix  on  the  details,  which  were  mere  matters  of 
form  and  soon  arranged. 

There  was  yet  another  great  and  imporlant  subject 
which  engrossed  much  of  the  attention,  and  excited  the 
action  of  the  convention.  This  was  the  power  of  appoint- 
ing to  office,  and  the  manner  of  exercising  it. 

The  commiitee,  to  whom  the  part  of  the  constitution 
relating  to  that  subject  was  referred,  of  which  Mr.  Van 
Buren  w'as  chairman,  reported,  on  the  17th  day  of  Septem- 
ber : 

That  the  council  of  appointment  should  be  abolished; 
that  all  militia  officers,  with  the  exception  of  major  gene- 
rals and  the  ailjutant  general,  should  be  elected  by  per- 
sons subject  to  perform  military  duty;  that  most  of  the 
stale  officers,  such  as  the  comptroller,  the  secretary  of 
state,  the  surveyor  general,  &c.,  should  be  appointed  by 
the  two  houses  of  the  legislature,  in  the  manner  senators 
of  the  United  States  were  appointed;  that  the  governor 
should  nominate,  and  by  the  consent  of  the  senate,  appoint 
all  judicial  officers,  (except  justices  of  the  peace,  who 
were  to  be  chosen  by  the  people,)  and  sheriffs  of  counties; 
that  clerks  of  courts  should  be  appointed  by  the  courts  of 
which  they  were  clerks;  and  that  no  judicial  officer  should 
be  removed,  except  by  the  majority  of  the  senate,  upon 
the  recommendation  of  the  governor,  setting  forth  the 
cause  of  tlie  removal. 


1821.] 


OF    NEW'-YOKK. 


65 


From  a  schedule  annexed  to  the  report,  it  appeared 
there  were  eight  thousand  two  hundred  and  eighty-seven 
military,  and  six  thousand  six  hundred  and  sixty-three 
civil  officers,  then  in  the  state,  who  received  their  offices 
by  the  appointment  of  the  council  of  appointment. 

The  convention,  on  the  first  day  of  October,  resolved 
itself  into  a  committee  of  the  whole  on  this  report. 

Before  discussing  the  plan  recommended  by  the  select 
committee,  the  convention,  without  debate,  resolved 
unanimously,  one  hundred  and  two  members  being  pre- 
sent, that  the  council  of  appointment  ought  to  be  abol- 
ished. 

Mr.  Van  Buren  then  stated  the  grounds  upon  which  the 
committee  had  founded  their  report.     He  said, 

"The  first  question  which  presented  itself  for  the  con- 
sideration of  the  committee,  was  the  propriety  of  abolish- 
ing the  council  of  appointment.  On  this  subject  there 
was  no  difficulty;  the  same  unanimity  prevailed  among 
the  members  of  the  select  committee  in  this  respect,  as  in 
the  vote  which  had  just  passed  in  committee  of  the  whole, 
for  the  abolition  of  this  power;  and  in  this,  they  had  only 
acted  in  accordance  with  public  opinion,  by  which  this 
feature  of  the  old  constitution  had  been  condemned.  He 
wouhl  not,  he  said,  detain  the  committee  by  giving  any 
reasons  for  this  part  of  the  report;  after  the  unanimous 
vote  just  given,  this  would  be  a  wanton  waste  of  time. 

"  The  next  and  more  important  enquiry,  was,  with  re- 
spect to  what  should  be  substituted  in  its  stead;  and  here, 
as  was  to  be  expected,  a  diversity  of  sentiment  prevailed, 
and  many  difficulties  presented  themselves.  For  the  pur- 
pose, however,  of  lessening,  as  far  as  was  practicable,  the 
objections  that  would  necessarily  exist  to  any  general 
appointing  power,  wherever  placed,  or  however  constitu- 
ted, they  had  felt  the  propriety  of  reducing  the  patronage 
attached  to  it;  and  they  had,  with  that  view,  separated 

E 


66  POLITICAL    HISTORY  [1821. 

from  it  the  great  mass  of  the  officers  of  the  state.  Many 
of  them  they  had  sent  to  be  appointed,  or  elected,  in  the 
several  counties  or  towns,  and  others  they  had  left  to  the 
disposition  of  the  legislature,  to  provide  for  their  appoint- 
ment or  election,  as  experience  might  prove  to  be  most 
advisable. 

"  Of  the  eight  thousand  two  hundred  and  eighty-seven 
military  officers,  they  had  recommended  that  all,  except 
seventy-eight,  consisting  of  major  generals,  brigadier  ge- 
nerals, and  the  adjutant  general,  should  be  elected  by  the 
privates  and  officers  of  the  militia. 

"  Of  the  six  thousand  six  hundred  and  sixty-three  civil 
officers  now  appointed  by  the  council  of  appointment, 
they  recommend  that  three  thousand  six  hundred  and  for- 
ty-three should  be  appointed  or  elected  as  the  legislature 
should  direct — these  were  auctioneers,  masters  in  chancery, 
public  notaries,  inspectors  of  turnpike  roads,  commission- 
ers to  acknowledge  deeds,  examiners  in  chancery,  inspect- 
ors for  commercial  purpose?,  and  some  other  officers. 
They  also  recommend  that  the  clerks  of  courts,  and  dis- 
trict attorneys,  should  be  appointed  by  the  courts  of  com- 
mon pleas,  in  the  several  counties.  And  that  the  mayors 
and  clerks,  of  all  the  cities,  except  New- York,  should  be 
appointed  by  the  common  council  of  the  respective  cities. 

"  Thus  far,  no  great  diversity  of  sentiment  had  existed 
among  the  members  of  the  committee,  and  there  had  bein 
a  general  concurrence  of  opinion  on  all  the  parts  of  the 
report  already  noticed. 

"  This,  together  with  the  justices  of  the  peace,  which  a 
majority  of  the  committee  had  recommended  to  be  elected, 
lel't  only  four  huiidreil  ami  hi'ly-three  officers  for  whose 
a])pointment,  or  election,  it  was  necessary  to  provide. 

"  In  addition  to  the  curtailment  of  the  appointing  power, 
to  be  retained  at  the  seat  of  government,  the  committee. 
jTuler  a  full  conviction  that  much  of  the  complaint  against 


1821.] 


or    NEW-YORK. 


67 


the  existing  council  of  appointment  had  arisen  from  the 
circumstance  of  the  concentration  of  power  in  one  body, 
had  thought  it  wise  even  here  to  distribute  them;  by  giv- 
ing the  appointment  of  the  heads  of  the  different  depart- 
men!s  of  this  state  to  the  legislature;  they  being  officers 
entrusted  with  the  public  property,  whose  duties  more  im 
mediately  connected  them  with  that  body. 

"  Still,  some  officers  were  left;  small  in  number,  it  was 
true,  but  of  considerable  interest  and  importance.  They 
were  unanimously  of  opinion  that  it  would  be  improper 
for  some  of  these  officers  to  be  elected  by  the  people,  and 
a  majority  of  them  supposed  that  none  of  them  ought  to 
be  so  elected. 

"  It  became  necessar}' ,  therefore,  to  provide  for  their 
appointment;  and  to  establish  what  may  be  called  a  gene- 
ral appointing  power;  though  limited  in  the  exercise  of 
its  functions  to  the  bestowment  of  a  small  number  of  offi 
ces. 

"  Four  plans  presented  themselves  to  the  consideration 
of  the  committee. 

"  1st.  To  create  a  new  council  of  appointment,  to  be 
elected  by  the  people. 

"2nd.  To  vest  the  power  of  appointment  in  the  execu- 
tive solely. 

"  3rd.  To  give  it  to  the  legislature.     Or, 

"  4th.  To  the  governor,  by  and  with  the  advice  and 
consent  of  the  senate. 

"These  respective  modes  had  been,  he  said,  discussed 
and  attenrtively  considered  by  them.  The  project  of  elect- 
ing a  council,  was  thought  liable  to  most  of  the  objections 
M-hich  had  been  urged  against  the  old  council.  There 
would  be  a  want  of  responsibility,  as  now.  And  it  was 
apprehended  that  their  election  would  create  a  great  ex- 
citement. The  incumbents  in  office,  and  those  desirous 
of  obtaining  offices,  together  with  their  respective  friends, 


68  POLITICAL    HISTORY  [1821. 

would,  of  course,  feel  a  deep  interest  in  the  election  of 
this  council j  and  this  would,  of  course,  pervade  every 
part  of  the  state.  Or,  if  such  a  council  were  to  be  chosen 
by  the  legislature,  not  from  among  the  members  of  either 
house,  though  by  being  separated  entirely  from  the  busi- 
ness of  legislation  would  remove  a  part  of  the  objections 
existing  with  respect  to  the  present  council,  it  was  be- 
lieved it  would,  notwithstanding,  be  attended  with  serious 
objections.  It  would  necessarily  produce  some  objection 
in  the  legislature,  if  they  met  at  a  different  time  or  in  a 
different  place:  yet  the  objection  of  irresponsibility  would 
remain  in  full  force. 

"  The  convention  had  already  increased  the  powers  of 
the  executive,  and  the  committee  were  unwilling  to  add 
to  it  the  patronage  of  the  sole  power  of  appointment  to 
office.  Besides  their  own  conviction  that  this  was  not 
advisable,  they  were  perfectly  confident  that  public  opin- 
ion was  opposed  to  such  a  regulation. 

"  Nor  were  they  satisfied  that  it  would  be  proper  to 
vest  this  power  in  the  two  branches  of  the  legislature. 
They  had  already  recommended  that  the  appointment  of 
some  officers  should  be  made  by  them,  for  reasons  he  had 
already  explained;  and  these  were  all  they  thought  ought 
to  be  appointed  in  this  way.  In  some  of  our  sister  states 
this  mode  of  appointment  obtained,  and  had  been  found 
to  operate  beneficially;  they  were,  however,  differently 
circumstanced  from  us,  having  a  less  numerous  population, 
and  a  smaller  extent  of  territory.  They  had  considered  a 
connexion  between  the  legislative  and  appointing  pow^er, 
as,  at  best,  objectionable;  the  improper  influence  that  such 
connection  was  apt  to  have  on  legislation,  was  fully  ap- 
preciated by  them;  and  had  induced  them  to  recommend 
a  mode,  which,  though  not  free  from  this  objection,  yet 
lessened  the  difficulty,  by  limiting  the  connection  to  one 
branch  only. 


l^^-^l.]  OF    NEW- YORK.  69 

"  And  this  brought  them  to  the  fourth  and  last  plan 
mentioned,  to  wit:  vesting  the  power  in  the  governor  and 
senate.  This,  he  believed,  they  had  unanimously  consid- 
ered as  accompanied  with  the  fewest  objections;  he 
might  possibly  be  mistaken,  but  he  was  confident  they 
were  unanimously  in  favor  of  this  project  in  the  first  in- 
stance. 

"  The  committee,  he  said,  were  fully  aware  of  the  ob- 
jection to  this  mode,  arising  from  the  unfavorable  effect 
which  the  possession  of  the  power  of  appointment  was 
calculated  to  produce  upon  the  senate  as  a  branch  of  the 
legislature;  but  more  particularly  from  its  being  a  court 
of  the  last  resort.  But  they  also  knew  that  no  plan  could 
be  adopted  which  would  be  free  from  objections  of  some 
kind — they  knew  that  it  was  the  fate  of  all  human  institu- 
tions to  be  imperfect,  and  they  were  therefore  more  con- 
tent with  the  system  they  had  recommended,  than  they 
otherwise  would  have  been.  They  found  too,  that  they 
could  not  exempt  the  general  appointing  power  from  this 
objection,  unless  they  gave  it  wholly  to  the  governor,  or 
to  him  in  connection  with  a  council  to  be  elected  by  the 
people;  the  former  mode  they  had  no  reason  to  believe 
would  be  acceptable  to  any  portion  of  the  conventionj 
aad  the  latter,  they  supposed,  would  not,  in  all  probabiliy, 
be  relished  by  their  constituents  much  better  than  the  re- 
taining of  the  old  council. 

"  They  had  not,  he  said,  been  able  to  derive  any  mate- 
rial benefit  from  an  examination  of  the  practice  of  other 
states.  They  had  examined  all  their  constitutions,  and 
found  that  they  varied  greatly  from  each  other.  In  Penn- 
sylvania and  Delaware,  the  power  of  appointment  to  of- 
fice is  vesied  in  the  governor  singly.  In  Maine,  Massa- 
chusetts, Maryland,  North-Carolina  and  Virginia,  the  go 
vernor,  and  a  council  similar  to  ours.  In  Connecticut. 
Rhode   Island,   Vermont,    New-Jersey,   South-Carolina 


70  POLITICAL     HISTORY  [1821 

Georgia,  Ohio,  Tennessee,  Mississippi,  and  Alabama,  in 
the  legislature.  New-Hampshire  was  the  only  state  in 
which  they  had  a  council  chosen  by  the  people.  In  Ken- 
tucky, Louisiana,  Indiana,  Illinois  and  Missouri,  the  power 
is  vested  in  the  governor  and  senate,  as  is  proposed  by  the 
report. 

"  The  fact  that  the  constitutions  which  had  been  recently 
formed,  and  might  therefore  be  in  some  degree  regarded 
as  the  most  recent  expression  of  the  sense  of  a  portion  ot 
the  American  people,  were  in  unison  with  the  p!an  tliey 
had  reported,  and  calculated  in  a  measure  to  recommend 
it.  And  so,  likewise,  was  it,  that  a  similar  provision  was 
contained  in  the  constitution  of  the  United  States.  But 
here,  candor  required  the  acknowledgment  that  there  was 
an  important  difference  between  our  state  senate  and  that 
of  the  Union — as  the  first  was  also  a  court  of  denier  re- 
sort; and  the  latter  possessed  no  judicial  power  whatever. 

"  Those  considerations,  together  with  the  impractica- 
bility of  devising  any  system,  which,  in  their  opinion, 
would  be  better,  had  induced  them  to  recommend  the  con- 
stituting of  the  governor  and  senate  the  general  appointing 
power.  And  they  had  given  the  exclusive  right  of  nomi- 
nation to  the  governor;  this  they  thought  very  necessary, 
and  the  only  way  in  which  that  would  fix  a  responsibilit}c 
for  the  appointments  to  be  made;  and  because  they  were 
all  convinced  that  the  alteration  which  had  been  made  to 
the  constitution  in  1801  had  proved  injurious,  and  such, 
they  firmly  believed,  was  now  the  opinion  of  the  people 
of  this  state. 

"  He  was  not  very  sanguine  that  they  had  adopted  the 
best  and  wisest  system  that  could  be  devised.  It  was  very 
possible  they  might  be  mistaken  in  their  views. 

"  They  had  given  to  the  convention  the  result  of  their 
deliberations,  to  be  disposed  of  as  they  should  think  proper. 
It  w^ould  be  arrogance  in  them  to  presume  that  their  judg- 


16:21.]  OF    NEVV-YOKK.  7i 

raent  on  this  subject  was  infollilile,  or  that  their  report 
was  free  from  great  imperfection.  He  would  say  for  him- 
self, and  from  the  good  sense  and  good  feeling  wiiich  had 
characterized  the  conduct  of  the  committee,  he  knew  he 
could  say  for  them  also,  that  if  any  plan  should  be  pro- 
posal by  others,  which  would  better  subserve  the  public 
interest,  it  would  receive  their  cheerful  and  sincere  sup 
port. 

"  Having,  then,  come  to  the  determination  to  place  the 
general  appointing  power  in  the  governor,  by  and  with 
the  advice  and  consent  of  the  senate,  the  next  question  to 
be  settled  was,  what  appointments  should  be  conferred 
dpon  it. 

"  The  committee, he  said,  had  all  agreed,  that  the  high- 
est military  officers  should  receive  their  appointments  from" 
this  source,  though  some  were  of  the  opinion  that  these 
might  safely  be  entrusted  with  the  executive  alone,  as 
commander-in-chief.  They  had  all  united  in  the  opinion 
that  all  judicial  officers,  except  surrogates  and  justices  of 
the  peace,  ought  also  to  be  appointed  in  this  way;  two 
members  of  the  committee  were  in  favor  of  having  the 
surrogates  elected  by  the  people. 

"  With  respect  to  that  section  of  tlie  report  which  pro- 
vides for  the  election  of  justices  of  the  peace  by  the  peo- 
ple, a  great  contrariety  of  sentiment  had  existed  among 
them.  Neither  that  section,  nor  the  next,  which  provided 
for  the  appointment  of  certain  officers  in  the  city  of  New- 
York,  had  received  his  assent. 

"  He  had,  at  every  stage  of  the  discussions  before  the 
committee,  been  decidedly  opposed  to  the  election  of  jus- 
tices; and  it  had  been  to  him  a  source  of  sincere  regret, 
that  in  that  respect  he  had  been  overruled  by  the  commit- 
tee. Only  four  of  the  committee  had  agreed  to  the  sec- 
tion making  justices  elective,  and  one  of  that  number  had 
consented  to  it,  rather  for  the  sake  of  agreeing  upon  some- 


72  POLITICAL     HISTORY  [1821. 

thing  to  report,  than  from  a  conviction  of  ihe  propriety 
of  the  mode  recommended.  He  would,  he  said,  here  ob- 
serve, that  the  two  sections  just  mentioned  were  the  only 
parts  of  the  report,  of  any  moment,  from  whicli  he  had 
dissented.  A  minority  of  the  conm:iittee,  however,  thought 
they  had  not  gone  far  enough  in  curtailing  tiie  patronage 
of  the  general  appointing  power,  and  were  for  including 
sheriffs  and  surrogates;  in  this  he  had  differed  from  them. 
His  reasons,  therefore,  it  w^ould  be  more  proper  for  him 
to  give  when  these  respective  subjects  should  come  under 
discussion  in  that  commitlee.  He  would  now  content 
himself  with  slating,  that  the  majority  of  the  select  com- 
mittee, had  not,  on  the  question  respecting  sheriffs  and 
surrogates,  nor  on  that  relating  to  justices  of  the  peace, 
any  strong  personal  predilections.  They  feel  themselves 
entirely  open  to  conviction  on  these,  and  on  all  other 
points,  which  might  be  raised  respecting  their  report;  and 
if,  ona  f\iir  and  deliberate  examination,  it  should  bethought 
that  it  would  be  better  to  have  the  sheriffs  and  surrogates 
elected  by  the  people,  they  would  cheerfully  acquiesce  in 
that  decision. 

"Having  now,  in  a  very  brief  manner,  detailed  the 
conduct  and  views  of  the  select  committee,  with  respect 
to  the  appointment  and  election  of  officers,  he  would  next 
submit  a  few  remarks  on  the  subject  of  the  tenure  and 
duration  of  the  several  offices.  The  select  committee,  he 
said,  had  supposed  that  it  would  be  well  to  give  the 
militia  themselves  the  power  of  electing  their  officers — 
this  course  was  pursued  In  several  of  the  states,  and,  it 
was  understood,  had  proved  beneficial.  But  the  nature 
of  the  power  to  be  exercif.e<:l  by  these  officers,  and  the  ne- 
cessity of  enforcing  discipline  and  preserving  a  due  subor- 
dination in  the  privates,  would  require  that  they  should, 
when  once  elected,  be  placed  beyond  their  further  con- 
trol.    They  thought,  moreover,  tliat  there  was  something 


1S21.] 


OF    NEW-YORK. 


73 


peculiarly  improper  in  subjecting  the  commissions  of  mi- 
litia officers,  in  any  degree,  to  the  fluctuations  of  party; 
and  they  had,  therefore,  recommended,  that  they  should 
not  be  removed,  except  by  a  court  martial,  or  by  the  sen- 
ate, on  the  recommendation  of  the  governor,  and  even 
then,  that  the  governor  should  state  the  reasons  for  re- 
questing the  removals. 

"The  committee  were  also  of  the  opinion,  that  it  was 
injurious  to  a  due  and  regular  administration  of  justice 
that  judicial  officers,  who  did  not  hold  during  good  behav- 
iour, should  be  at  all  times  subject  to  removal  at  pleasure 
and  without  cause;  and  as  had  hitherto  been  the  practice, 
to  be  changed  with  every  fluctuation  of  party;  this  insta- 
bility in  the  administration  of  justice  was  calculated  to  do 
permanent  and  serious  injury  to  the  best  interests  of  the 
state.  They  believe  they  have  laid  the  axe  to  the  root  of 
this  evil,  by  rendering  it  necessary  that  no  removals 
shoukl  take  place  but  for  causes  publicly  assigned;  and 
this,  they  believe,  would  be  an  effectual  check  to  prevent 
their  being  made  on  mere  party  grounds.  It  would  not, 
in  their  opinion,  answer  to  go.  farther  than  this;  for,  if 
they  required  a  regular  trial  on  all  complaints,  the  whole 
time  of  the  senate  would  be  consumed  with  these  investi- 
gations. 

"  With  respect  to  the  officers  to  be  appointed  by  the 
legislature,  and  the  clerks  of  courts,  they  had  thought 
that  they  migiit  with  safety  be  left  to  be  removable  at  the 
pleasure  of  those  from  whom  they  received  their  appoint- 
ments." 


Gen.  Tallmadge  opposed  that  part  of  the  report  which 
conferred  on  the  senate  any  power  in  relation  to  appoint- 
ments. He  thought  the  members  of  the  legislature  ought 
not  to  have  any  thing  to  do  with  the  natronage  of  the  go- 


vernment. 


74  POLITICAL     HISTORY  [lS2i. 

Mr,  N.  Williams  strenuously  opposed  the  election  of 
justices  of  the  peace,  by  the  people  of  the  respective 
towns.  He  was  supported  in  his  ojiposilion  by  General 
Root. 

Judge  Piatt  proposed  that  nine  persons  should  be  elected 
in  each  county,  to  hold  their  ofEces  for  three  years:  but 
to  be  classed  so  that  three  of  the  nine  should  be  elected 
annually,  who  should  be  vested  with  power  to  appoint 
the  county  judges,  excepting  the  first  judge,  sheriffs,  coro- 
ners, commissioners  of  deeds.  Sec. 

Mr.  Russell  was  in  favor  of  a  state  council  of  appoint- 
ment, coiisisling  of  the  governor  and  six  persons,  to  be 
eleeied  by  the  peoj)le,  and  to  be  chosen  at  each  guberna- 
torial election.  Col.  Young  expressed  himself  favorably 
disposed  to  this  proposition. 

Mr.  Eti wards  declared  himself  opposed  to  any  of  the 
projects  which  had  been  suggested.  He  was  first  for 
vesting  the  right  of  suffrage  in  safe  and  secure  hands,  and 
then  for  restoring  the  great  mass  of  the  appointing  power 
to  the  people.  This  would  eventually  annihilate  a  for- 
midablf  centra!  power  which  had  grown  up  at  the  capitol. 
He  said, 

"  Ciie  proniinent  and  strong  feature  of  opposition  can- 
not have  escaped  the  attention  of  any  person  who  hears 
me — that  all  measures  have  been  opposeti  that  do  not 
point  to  the  concentration  of  the  appointing  power  in  the 
city  of  Albany.  I  wish  to  be  relieved  from  the  necessity 
of  making  such  remarks;  but  I  must  speak  now,  or  for- 
ever hereafter  hold  my  peace.  And  I  shall  speak  the 
honest  conviction  of  my  heart,  whoever  may  be  included 
in  its  range,  or  whoever  may  be  affected  by  its  censure. 

"  It  is  a  lamentable  fact,  that  while  other  states  move 
on  with  tranquillity,  the  state  of  New-York,  torn  by  fac- 
tions and  dissentioj^,  although  the  keystone  of  the  arch 
that  binds  the  union,  has  lost  its  power  and  reduced  its 


isai.] 


OF    NEW-YORK. 


influence.  And  what  hai!  been  ihe  grand  caus(  of  this 
reduction  of  influer.ce  and  liinitation  of  pov/er  1  It  was 
the  corruption  that  had  infuseii  itself  into  ail  the  veins  and 
arteries  of  (he  government.  More  iniqviity  had  been 
practised  in  our  legislative  hall  tiian  in,  periiaps,  all  t.he 
other  states  in  the  union.  How,  then,  should  this  sore 
upon  tlie  body  politic  be  healed  ?  The  unaiiirnous  vote 
of  this  committee  had  shown  that  the  council  of  ajipoint- 
raent  was  an  evil.  An  unanimous  sentence  of  condemna- 
tion has  been  passed  upon  il.  He  had  not  expected  so 
soon  lo  find  a  proposition  for  its  revival.  In  this  expec- 
tation he  was  disappointed  by  the  motion  of  the  gentle- 
man from  Erie." 

I\[r.  Russell's  plan  of  a  state  council  to  be  elected  by 
the  people^ was  finally  rejected,  only  nine  members  voting 
in  favor  of  it.      Even  Col.  Young  abandoned  him. 

On  the  3rd  of  Octorber  Mr.  Van  Euren  brought  for- 
ward the  following  proposition  for  the  appointment  of 
'ustices  of  the  peace  : 

"  That  the  board  of  supervisors  in  every  county  in  this 

tate,  shall,  once  in  every years,  at  such  time  as  the 

legislature  may  direct,  recommend  to  the  governor  a  list 
of  persons  equal  in  number  to  the  justices  of  the  peace  by 
law  authorized  to  be  appointed  for  said  county;  and  the 
respective  courts  of  common  pleas  of  the  several  counties 
shall  also  recommend  a  list  of  the  like  number,  and  as 
often  as  any  vacancies  shall  happen,  the  boards  of  super- 
visors and  courts  of  common  pleas  of  the  counties  in 
which  such  vacancies  may  happen,  shall  recommend  lists 
of  persons  equal  to  the  number  of  vacancies  in  such  coun- 
ty; and  from  the  lists  so  recommended,  the  governor  shall 
appoint  and  commission  the  justices  of  the  peace  for  the 
respective  counties — that  the  said  justices  shall  hold  their 
offices  for years,  but  may  be  removed  by  the  gover- 
nor on  the  address  of  the  body  which  recommended  their 


76  POLITICAL    HISTORY  [IS'^l. 

appointment,  stating  in  writing  the  grounds  of  such  remo- 


•)■) 


vai 

The  manner  in  which  justices  of  the  peace  were  to  be 
appointed,  was  justly  regarded  as  a  question  of  very  great 
importance,  and  was  elaborately  discussed  in  the  conven- 
tion. Political  men,  belonging  to  the  democratic  party, 
were  desirous  to  give  the  control  of  these  appointments  to 
the  majority  in  the  state,  and  eventually  to  the  central 
appointing  power  at  the  seat  of  government.  Hence,  Mr. 
Van  Buren,  Gen.  Root,  Col.  Young  and  Gov.  Tompkins, 
advocated  any  scheme  which  tended  to  such  a  result  ; 
while  the  Clintonian  part  of  the  convention,  such  as  Ch. 
Justice  Spencer,  Van  Ness,  J.  R.  Van  Rensselaer,  &c., 
strenuously  opposed  the  system — perhaps  partly  for  the 
reason  that  if  Mr.  Van  Buren's  plan  should  be  eftlopted,  the 
disposition  of  those  appointments,  would,  in  all  probabili- 
ty, devolve  upon  their  political  opponents.  It  is,  how- 
ever, due  to  Mr.  Rufus  King  to  say,  that  he  advocated, 
and  ably  advocated,  the  election  of  justices  by  the  people; 
and  that  there  can  be  little  doubt  but  that  he  formed  his 
judgment,  as  it  is  hoped  many  others  did,  by  considering 
the  question  on  its  merits,  without  reference  to  its  conse- 
quences to  this  or  that  party. 

I  hazard  little  in  saying,  that  for  the  purpose  of  carry- 
ing the  influence  of  the  appointing  power  into  every  part 
of  the  state,  and  of  making  that  influence  felt  at  the  polls 
of  the  election,  and  as  a  means  of  keeping  up  party  disci- 
pline, the  selection  of  justices  of  the  peace  by  a  central 
power  representing  the  majority  of  a  political  party,  was 
more  eflScient  than  the  power  to  control  all  the  other  ap- 
pointments in  the  state.  The  truth  of  this  proposition  the 
politicians  in  the  convention  must  have  seen  and  felt. 
Hence  it  is,  that  I  cannot  believe  that  Mr.  Van  Buren, 
Gov.  Tompkins,  and  particularly  Gen.  Root  and  Colonel 
Young,  who  were  democrats  ol  "  the  most  straitest  sect," 


18-21.] 


OF   NEW-YORK. 


77 


would  have  so  strenuously  opposed  permittini^f  the  people 
to  elect  their  own  magistrates,  unless  they  were  in  some 
degree  influenced  by  a  desire  to  derive  a  political  advan- 
tage from  the  measure  they  advocated. 

The  proposition  of  Mr.  Van  Buren,  though  presented 
in  two  different  forms,  was  rejected  by  a  vote  of  fifty-nine 
to  fifty-six;  but  it  was  ultimately  substantially  adopted  and 
made  a  part  of  the  amended  constitution.  This  mode  of 
the  appointment  of  justices  may  be  seen  by  a  reference  to 
the  7th  section  of  the  fourth  article  of  the  amended  consti- 
tution, as  it  passed  the  convention,  1821.  Happily  the 
awkward  and  bungling  machinery  introduced  by  that  sec- 
tion soon  effectually  disgusted  the  people,  so  that  a  few 
years  afterwards  it  was  expunged  from  the  constitution, 
and  the  right  of  appointing  their  own  magistrates  was  given 
to  the  people  of  the  respective  towns.  This  great  reform 
was  effected  upon  the  recommendation  of  Gov.  Clinton. 

Gen.  Root  moved  that  sheriffs  and  county  clerks  be 
elected  by  the  people  of  the  respective  counties.  The 
appointment  of  these  officers  was  another  great  means 
used  by  the  central  power  to  strengthen  its  influence,  par- 
ticularly the  office  of  sheriff,  who,  by  means  of  his  depu- 
ties, can  carry  his  influence  into  every  neighborhood  of 
his  county.  The  motion  was  vigorously  opposed,  but  it 
was  adopted  by  a  majority  of  nearly  two  to  one,  (seventy- 
one  to  thirty-six.)  Gen,  Root  is  entitled  to  great  credit 
for  the  zeal  and  ability  with  which  he  advocated  this 
great  and  salutary  reform.  He  was  supported  in  this 
measure  by  the  vote  and  influence  of  Col.  Young.  I  regret 
to  perceive  that  Mr.  N.  Williams,  who  was  as  pure  and 
virtuous  a  man  as  ever  lived,  made  a  most  zealous  opposi- 
tion to  the  election  of  sheriffs  by  the  people.  The  fol- 
lowing are  the  names  of  the  gentlemen  who  voted  in  the 
negative: — Messrs.  Beckv/ith,  Birtiseye,  Breese,  Brinker- 
hoff,  Buel, Child,  Eastwood,  Fairlie,  Hallock,  Hogeboom, 


7S  POLITICAL    HISTORY  [1S21. 

Howe.  Jay,  Jones,  Kent,  Kini^,  Lansing,  P.  R.  Living- 
ston, iMonroe,  Nelson,  PauMing,  Piatt,  Porter,  Reeve, 
Rockwell,  Ross,  Russell,  Seaman,  Ten  Eyck,  Van  Buren, 
J.  R.  Van  Rensselaer,  Van  Vechten,  A.  Webster,  Wen- 
liovt-r,  Wlaaton,  N.  Williams,  Woods  and  Yates — thirty- 
six. 

Tile  appointment  of  the  state  officers,  including  the  at- 
torney general,  by  the  two  houses  of  the  legislature;  of 
the  adjutant  general  by  ihe  governor,  and  of  all  the  other 
officers,  except  some  of  the  officers  in  cities,  by  the  gover- 
nor and  senate,  M-as  agreed  to  without  serious  opposition 
from  any  quarter. 

The  adoption  of  those  amendments  by  the  people,  broke 
into  fragments  and  virtually  annihilated  a  power  which 
for  nearly  half  a  century  had  distributed  in  every  quarter 
of  the  state  the  spoils  of  victory  of  the  one  party  over  the 
other;  which,  by  its  sovereign  will  and  pleasure,  had  pros- 
trateil,  as  well  the  high  and  exalted  state  officer  in  the 
capital,  as  the  humble  justice  of  the  peace  secluded  in  his 
hut  in  the  western  or  northern  wilds — a  power  which,  by 
elevating  some  and  depressing  oihers,  had  nourished  fac- 
tion, and  frequently  produced  a  state  of  feeling  in  the 
public  mind  which  threatened  a  dissolution  of  the  bonds 
whicli  unite  together  a  civilized  and  christian  community. 

It  was  the  general  sentiment  of  condemnation  of  this 
feature  in  the  old  constitution  which  caused  the  conven- 
tion; and  the  abolition  of  this  odious  provision  entitles 
that  assembly  to  the  gratitude  of  present  and  succeeding 
generations. 

In  the  first  part  of  these  sketches  I  have  remarked  that 
the  principal  cause  why  party  spirit  had  raged  more  in 
this  than  in  any  oihor  state  in  the  union,  was,  the  peculiar 
organiziitinn  of  the  appointing  power  under  the  constitu- 
tion of  1*777.  A  review  of  our  political  history  will,  I  be- 
lieve, satisfy  all  intelligent  and  reflecting  men  that  the 


182^.]  OF    NEW-YORK  79 

proposition  is  strictly  true.  The  cause  being  removed, 
the  effect  must  cease.  True  it  is,  that  this  result  was  not 
immediately  obvious.  Factions  did  prevail  after  the  adop- 
tion of  the  amended  constitution.  But  men  had  been  so 
long  habituated  to  act  politically  from  the  hope  of  reward 
and  fear  of  punishment,  that  after  the  means  of  rewarding 
and  punishing  were  taken  from  the  hands  of  the  party  in 
power  for  the  time  being,  many  aspirants  to  office  still 
continued  to  act  as  if  no  change  had  been  made  in  the 
principles  of  the  government,  and,  of  course,  cabals  were 
formed,  and  factions  occasionally  existed.  But  these 
commotions  grew  out  of  an  impulse  produced  on  the  pub- 
lic mind  by  a  habit  generated  under  the  old  government. 
The  ocean,  after  a  storm,  will  continue  to  be  agitated  and 
its  waves  run  high  long  after  the  tempest  has  subsided^ 
but  in  time  it  will  become  quiet  and  placid. 

So  long  as  man,  from  the  imperfection  of  his  nature, 
remains  liable  to  err  in  judgment,  so  long  men  will  con- 
tinue to  differ  respecting  the  merits  of  public  men  and 
measures.  If  they  are  honest  and  free  they  will  declare 
their  opinions,  and  be  governed  by  them  at  the  elections. 
It  is  this  difference  of  opinion  upon  which  parties  are  le- 
gitimately founded,  in  a  free  state.  No  other  parties 
ought  to  exist  in  a  patriotic  community,  and  it  seems  to 
me,  no  other  parties,  under  our  present  constitution,  with 
the  amendments  which  have  been  made  to  it,  can,  to  any 
considerable  extent,  hereafter  exist. 

Politicians  who  imagine  that  a  political  party  can  now 
be  sustained  by  the  charm  of  names  and  party  discipline, 
will  find  themselves  deceived.  How  can  you  keep  up 
discipline  in  a  party  when  you  have  lost  the  power  to  re- 
ward and  punish  1  What  cares  the  sheriff  of  the  county 
of  Otsego  for  the  political  opinions  of  the  president  or  the 
governor  1     It  is  to  the  electors  of  the  county  to  whom  he 


so  POLITICAL     HISTORY  [1821  . 

must  rcmlcr  an  account — it  is  to  them  he  is  indebted  for 
past  favors,  and  to  them  he  looks  for  future  advancement. 

If  Mr.  Van  Buren's  original  plan  had  been  atlhered  to 
— if  the  appointment  of  sheritfs  and  county  clerks,  and 
especially  of  justices  of  the  peace,  had  been  controlled  by 
a  central  power — the  mode  of  appointment  would  have 
been  improved,  but  the  work  would  have  more  than  half 
been  left  undone — the  great  evil  would  still  have  existed. 
True,  as  Mr.  Van  Burcn  said,  the  appointment  of  more 
than  tiu;ht  thousand  militia  officers  would  have  been  taken 
from  the  stale  authorities  and  given  to  the  people; — but 
these  are  offices  which  are  not  generally  sought  for;  they 
are  rather  a  burden  than  a  benefit  to  the  incumbents.  It  is 
the  civil  offices,  which  afford  both  honor  and  profit,  which 
amonGf  us  are  sought  with  eagerness,  and  in  order  to  ob- 
tain these,  according  to  Mr.  Van  Buren's  plan,  the  candi- 
date would  have  been  compelled  to  prostrate  himself  be- 
fore the  appointing  power  stationed  at  the  capital.  It 
would,  to  use  a  very  significant  expression  of  Gen.  Root, 
in  the  convention,  have  been  "  giving  the  people  the  chaff" 
while  the  wheat  was  left  to  pamper  and  fatten  the  central 
power.  I  do  not  believe  our  system  of  appointments  and 
removals,  at  jiresent,  to  be  susceptible  of  im])rovcmcnt. 
It  is  as  near  perfection  as  it  can  be.* 

*  Prevniis  to  the  final  adjournnient  of  ihe  convention,  the  following  highly  ap- 
propriate and  elopanl  address  was  dr.-nvu  and  reported  Ly  Gen.  Hoot,,  and  was 
adopted  bv  itic  coavcntion  : 

"I\  COWF.XTION," 

"  Alba.iy,  yovemlicr  10,  1S21. 

''The  delcgaies  of  the  pcopl**,  in  convention,  having  this  day  terminated  their 
deliberations,  present  to  you  the  const iiuiion  of  the  state,  in  an  amended  forni. 
as  the  result  of  the  arduous  aud  re^ponsilile  duties  which  your  confidence  has 
Imposed  upon  them.  They  have  adopted  this  course  from  a  sense  of  the  crcat 
•lifliculiy,  if  not  impracticabiliry,  of  submitting  to  the  people  for  their  ratification, 
in  separate  aiticles,  llie  various  amendmeuls  wliich  have  been  adopted  by  majo- 
rities of  the  convention.  Tltis  difficulty  is  very  much  increased  by  the  reflection, 
ih-it  the  adoption  of  some  article*,  aud  the  rejection  of  others,  mipht  greatly  im- 
pair the  symmetry  of  the  whole.  Tlie  couvenience  of  having  the  ameudineuts  in- 
corimmted  with  thO'C  parts  of  the  constitution  which  arc  to  remain  unaltered 


1831.]  OF     NEW-VORK.  81 

After  the  amended  constitution  was  engrossed,  the  ques- 
tion was  put,  "  shall  this  constitution  pass  1" 

Before  this  great  question  was  decided,  Mr.  Bacon,  of 
Utica,  who  had  opposed  many  of  the  amendments  which 
had  been  adopted  by  the  majority,  delivered  a  brief  ad- 
dress, which  evinces  so  much  liberality,  purity  of  inten- 
tion, and  patriotism,  that  I  cannot  deny  myself  the  plea- 
sure of  copying  it. 

When  the  ayes  and  noes  were  called,  Mr.  Bacon's 
name  being  first  on  the  catalogue,  he  rose  and  said  : 

"  That  he  was  sensible  that  this  was  not  the  proper 
time  for  exhibiting  our  respective  views  of  the  great  ques- 
tion now  put  to  us,  in  any  thing  which  bore  the  character 
of  a  formal  speech,  and  he  was  not  indiscreet  enough  to 
offer  himself  to  the  convention  with  that  view.  In  the 
situation  in  which  he  stood,  he  asked  only  to  be  indulged 
with  stating  with  great  brevity  one  or  two  prevaling  con- 
siderations which  had  influenced  the  decision  to  which  he 
had  come. 

"  That,  with  most  of  those  now  around  him,  he  could 
undoubtedly  say,  that  this  was  by  far  the  most  solemn  and 
important  vote,  as  to  its  character,  which  he  had  ever  been 
called  upon  to  record  on  the  journals  of  his  countrv,  so, 

will  readily  be  perceived.    We,  therefore,  submit  to  the  people,  the  choics  be* 
iween  the  old  and  the  amended  constitution. 

"  That  difference  of  opinioa  should  exist  among  individuals,  on  the  various 
topics  which  have  passed  in  review  before  us,  will  not  excite  surprise.  Various 
local  interests,  and  diversity  of  political  sentiment,  among  a  free  people,  will,  of 
necessity,  lead  to  different  opinions.  Probably,  the  amended  constitution,  now 
submitted,  is  not,  in  all  its  provisions,  in  exact  accordance  with  the  desires  of  any 
individual  member  of  the  convention ;  but  in  the  spirit  of  mutual  concession  and 
compromise,  we  huve  come  to  a  result,  which  we  hope  the  people,  actuated  by 
the  same  spirit,  will  approve  and  ratify.  We,  therefore,  submit  it  to  your  inves- 
tigation, reflection,  and  decision,  with  the  most  respectful  deference  ;  and  do  most 
devoutly  implore  the  Supreme  Ruler  of  the  universe  that  He  will  perpetuate  the 
Dlessings  of  rational  liberty,  and  endue  us  pleatcously  with  that  wisdom  from 
above,  which  is  profitable,  and  discreet  in  all  things. 

DAXIEL  D.  TOMPKINS,  President. 


Joret  F.  Baco!»,  }  c;pp.p».-:p.; 

Samubl  1^.  Gardiner.  \ 


F 


82  POLITICAL    HISTORY  [1821. 

for  himself,  he  would  not  conceal  that  it  was  one  which 
had  subjected  him  to  much  more  serious  embarrassment, 
as  to  the  result  to  which,  from  the  highest  considerations 
of  public  duty,  he  ought  finally  to  come. 

"  That  the  constitution  which  we  were  now  about  to 
submit  to  the  people  of  the  state,  was  not  by  any  means 
such  an  one  as,  in  reference  merely  to  its  own  merits,  met 
with  his  approbation,  or  as  the  people  had  a  right  to  ex- 
pect of  this  convention,  he  did  not  hesitate  to  avow  as  his 
deliberate  opinion.  He  would  not  now  even  glance  at 
those  detailed  considerations  on  which  this  opinion  was 
founded.  But  situated  as  we  were,  there  was  now  left 
both  to  us  and  the  people,  but  a  choice  of  alternatives, 
and  that  was  between  the  existing  system  of  government, 
confessedly  and  experimentally  bad  and  defective  as  it  was, 
both  in  relation  to  many  of  its  organizations,  and  its  prac- 
tical operation  upon  the  pence,  the  welfare,  and  the  best 
interests  of  the  state. 

"In  some,  and  those  pretty  important  respects,  he  did 
most  firmly  believe  that  the  system  proposed  was  by  no 
means  an  improvement,  but  on  the  other  hand,  clearly 
worse  than  that  which  now  existed.  The  occasion  would 
not  permit  him  even  to  allude  to  the  particular  parts  which 
in  his  judgment  justified  him  in  this  conclusion.  In  other 
important  respects,  he  was  as  free  to  acknowledge  that 
the  jilr.n  now  before  us  contained  material  improvement 
upon  the  old  one,  as  to  the  organization  and  distribution 
of  the  great  powers  of  governineiit;  and  in  most  of  its 
subordinate  details,  that  it  was  decidedly  superior. 

*' If  he  confined  his  views,  therefc;re,  only  to  the  promi- 
nent and  peiinanent  provisions  of  both,  he  should,  per- 
haps, be  inclined  to  conclude  that  the  good  and  bad  fea- 
tures of  t-ach  were  not  very  unequally  balanced;  and  were 
it  not  for  one  provision,  which  formed  a  part  of  the  new 
system,  but  was  altogether  wanting  in  the  old  one,  (and 


1821.] 


OF    NEW-YORK. 


83 


which  he  could  have  wished  had  been  separately  proposed 
to  the  people,)  he  might,  perhaps,  have  thought  it  his 
duty  to  vote  against  it  altogether;  and  that  was  the  pro- 
vision for  future  amendments,  which  afforded  to  the  people 
a  means  of  correcting  what  we  had  done  amiss,  and  of 
curing  its  present  and  future  defects  with  reasonable  fa- 
cility, without  resorting  to  the  difficult  and  dangerous 
experiment  of  a  formal  convention,  which  no  man,  he  be- 
lieved, would  wish  again  to  see  take  place,  so  long  as  the 
acknowledged  evils  of  our  present  system  were  at  all  tole- 
rable. And  with  this  means  of  setting  right  whatever  had 
been  hastily  or  unadvisedly  sanctioned  here,  in  the  hands 
of  the  people,  he  consented,  not  without  much  doubt  and 
hesitation,  to  submit  our  whole  work  to  their  judgment 
and  consideration,  leaving  even  his  own  judgment  open  to 
conviction  and  reconsideration  on  that  last  appeal,  should 
better  and  more  mature  counsels  convince  him  he  ought 
so  to  do;  to  that  decision  he  should  endeavor  cheerfully 
to  submit,  cherishing,  he  believed,  as  few  personal  hopes 
or  expectations,  from  any  state  of  things  which  might 
grow  out  of  it,  as  any  man  within  the  reach  of  his  voice. 
Such  was  the  best  result  of  a  course  of  reflection  as  seri- 
ous and  unprejudiced  as  he  had  ever,  on  any  occasion 
whatever,  been  called  upon  to  make  with  himself,  and 
which  terminated  in  the  affirmative  vote  which  he  was 
now  prepared  to  give." 


When  Mr.  Bacon  had  done  speaking  the  clerk  proceeded 
with  the  call  of  the  roll  of  members,  and  but  eight  of  the 
whole  number  voted  in  the  negative.  These  were  Messrs. 
Jay,  Jones,  Rhinelander,  Sanders,  Sylvester,  Van  Home, 
Van  Ness  and  Van  Vechten. 

On  motion  of  Mr.  N.  Sanford,  the  thanks  of  the  conven- 
tion to  the  president  were  unanimously  voted.  To  which, 
Mr.  Tompkins  replied  in  the  following  words  : — 


84  POLITICAL     HISTORY  [1821. 

"Gentlemen,  I  am  penetrated  with  a  due  sense,  not 
only  of  the  honor  conferred  by  your  selection  of  me  to 
preside  in  this  highly  respectable  body — but  also  of  your 
kindness  and  regard  manifested  by  the  unanimous  resolu- 
tion which  you  have  been  pleased  to  adopt  at  the  close  of 
the  solemn  duties  which  the  people  have  committed  to  us. 
"  It  is  my  sincere  hope  that  the  approbation  of  this 
community  may  crown  the  result  of  our  consultations,  and 
that  it  may  accomplish  the  momentous  objects  for  which 
we  have  been  assembled,  and  redound  to  the  liberty, tran- 
quillity, and  permanent  welfare  of  our  constituents,  and  of 
posterity. 

"  Whilst  I  tender  to  you  an  affectionate  adieu,  indulge 
me,  gentlemen,  in  a  fervent  expression  of  my  acknowl- 
edgments for  your  uniform  support  and  approbation,  and 
of  my  best  wishes  for  your  respective  happiness  and  pros- 
perity." 

The  convention  then  adjourned,  and  with  the  adjourn 
ment  of  that  body  terminated  the  political  action  of  Gov. 
Tompkins  in  the  state  of  Now-York.  He  continued,  it  is 
true,  to  hold  the  office  of  vice-president  of  the  United 
States,  but  I  cannot  learn  that  he  afterwards  interfered  in 
any  party  contest  in  this  state,  or  even  in  the  nation. 
About  this  time,  or  rather  soon  after,  his  health  became 
greatly  impaired,  and  he,  unfortunately,  was  harrassedand 
annoyed  by  pecuniary  embarrassments,  to  a  degree  which 
rendered  the  latter  years  of  his  life  very  unhappy. 

It  would  appear,  that  after  his  second  election  to  the 
vice-presidency,  he  gave  up  all  expectation  of  future  po- 
litical advancement.  To  a  man  who  had  been  in  public 
life  almost  from  the  time  he  was  constitutionally  eligible 
to  office,  who  had  enjoyed  so  much  of  popular  favor,  and 
I  might  say,  almost  adoration,  and  who,  at  one  period  of 
his  life,  had  well  founded  hopes  of  arriving  at  the  acme  of 
power   in    the  American   republic,  the  determination  to 


1821.]  OF    NEW-YORK.  85 

abandon  political  life  must  have  cost  a  most  painful  effort. 
I  lament  that  I  am  compelled  to  add,  that  in  the  latter 
part  of  his  life,  probably  in  order  to  allay  nervous  irrita- 
bility and  excitement,  he  indulged  too  freely  in  stimulat- 
ing drinks. 

It  is  impossible  for  those  who  knew  the  native  kindness 
of  his  heart,  and  his  fine  social  qualities,  marred  though 
they  were  with  many  of  the  frailties  incident  to  human 
nature,  to  reflect  upon  the  situation  of  Gov.  Tompkins 
shortly  before  his  death,  without  the  deepest  sympathy, 
and  without  experiencing  the  most  painful  sensations. 


86  POLITICAL     HISTORY  [I82i 


CHAPTER   XXVIII. 

FROM  NOTEMBER  10,  1831,  TO  JANUARY  1,  182». 

The  convention  adjourned,  without  day,  on  the  10th 
day  of  November. 

At  the  meeting  of  the  new  congress,  in  December,  a 
very  warm  contest  arose  in  the  house  of  representatives 
in  respect  to  the  choice  of  a  speaker.  Mr.  Taylor  w^as 
again  a  candidate,  and  was  supported  now,  as  heretofore, 
by  many  of  the  members  from  the  eastern,  middle,  and 
some  of  the  western  states.  Those  members  from  New- 
York,  who  were  elected  by  the  party  opposed  to  Gov. 
Clinton,  (and  they  constituted  a  majority  of  our  delega- 
tion,) warmly  opposed  the  elevation  of  Mr.  Taylor  to  the 
speaker's  chair.  Tlie  southern  members  had  some  diffi- 
culty in  fixing  upon  a  candidate;  but  they  eventually 
united  on  P.  P.  Barbour,  of  Virginia,  since  an  associate 
judge  of  the  supreme  court  of  the  United  Slates,  and  he 
was  elected.  There  were  five  ballotings.  P.  P.  Barbour, 
Samuel  Smith  of  Maryland,  and  Ccesar  A.  Rodney  of  Dela- 
ware, were  the  southern  candidates.  On  the  fifth  ballot, 
Mr.  Barbour  received  eighty-eight  votes,  Mr.  Taylor  six- 
ty-seven, and  there  were  seventeen  scattering  votes. 
This,  it  will  be  seen,  gave  Mr.  Barbour  a  majority  of  all 
the  votes.  His  election  was  produced  by  the  unanimous 
support  of  the  bucktail  members  from  this  state,  whose 
only  objection  to  Mr.  Taylor  was,  that  he  was  understood 
to  have  been  favorable  to  the  election  of  Mr,  Clinton,  in 
1820.  Federalists,  Clintonians,  and  democrats,  all  jiro- 
fessed  to  be  the  supporters  of  the  administration  of  Mr. 
Monroe,  and,  of  these  three  parties,  it  is  probable  the  fede- 
ralists were  the  most  sincere  friends  of  that  administration. 


1S2-2.]  OF    NEW-YOKK.  87 

So  far  as  related  to  national  measures,  I  am  not  av;are  that 
there  was  a  shade  of  clitTcrence  between  the  Clintoniau 
and  the  anti-Clintonian  demoerals  of  this  slate.  Why, 
then,  should  the  members  of  the  house  of  representatives, 
belongino^  to  the  latter  class,  have  voted  as;ainst  seleclini; 
a  speaker  from  their  own  slate?  Their  conduct  can  only 
be  charged  to  the  rigid  system  of  party  discipline  wliich 
prevailed  here.  Mr.  Gales  of  the  Intelligencer,  being 
astonished  and  confounded  at  the  course  taken  by  a  majo- 
rity of  the  New-York  delegation,  gravely  remarked,  that 
"  there  must  be  something"  jjeculiar  in  the  political  dis- 
tinctions in  New-York."  Mr.  Van  Buren  was  then  in  the 
United  States  senate,  and  it  is  alleged,  and  I  have  no 
doubt,  truly  alleged,  that  he  exerted  all  his  influence  with 
the  members  from  this  state,  to  induce  them  to  vote 
against  Mr.  Taylor.  But  Mr.  Van  Buren,  when  a  candi- 
date for  re-election  to  the  presidency,  in  1840,  experi- 
enced in  the  conduct  of  his  opponents,  in  his  own  state, 
the  same  want  of  regard  for  the  character  and  political 
influence  of  the  state,  as  he  and  his  friends  manifested  in 
the  election  of  speaker,  in  18.21.  "  The  same  measure  ye 
mete,  it  shall  be  measured  to  you  again." 

The  legislature  convened  at  Albany,  on  the  second  day 
of  January.  On  the  evening  previous  to  their  meeting, 
the  democratic  members  of  the  assembly,  held  a  caucus 
for  the  nomination  of  a  speaker.  They  were  divided  be- 
tween Mr-  Samuel  B.  Romainc  of  New- York,  and  Mr 
James  Burt  of  Orange  county.  The  two  parties  measur- 
ed their  strength  by  a  ballot,  and  Mr.  Romaine  received 
thirty-eight  votes,  and  Mr.  Burt  but  twenty-eight.  Ro- 
maine was  therefore  declared  duly  nominated  and  the  next 
day  he  was  elected. 

After  the  two  houses  were  organized,  the  governor  mefc 
them  in  the  assembly  chamber,  and  delivered  an  able, 
though  as  usual  somewhat  too  long  a  speech. 


88  rOLITlCAI.    HlSTORy  [l^^'-i'i. 

In  his  exordium  he  alluded,  in  very  handsome  terras,  to 
the  civil  revolution  about  to  be  effecied  in  the  state 
government,  by  the  action  of  the  late  convention.  He 
abstained,  he  said,  from  expressing  any  opinion  on  the 
amendments  to  the  constitulion,  which  had  bee«  recom- 
mended, because  that  question  was  now  beyond  the  reach 
of  all  delegated  authority,  being  referred  to  tlie  final  de- 
cision of  the  only  sovereign  power  which  existed  among 
us,  the  people  themselves. 

He  urged  that  the  most  safe  and  certain  means  of  in 
creasing  the  national  wealth,  was  the  vigorous  prosecu- 
tion of  the  coasting  and  domestic  trade.  This  would 
create  a  demand  for  home  consumption,  in  the  grain 
growing  states.  For  this  reason  he  thought  domestic 
manufactories  ought  to  be  protected  by  duties  on  impor- 
tations from  abroad. 

He  congratulated  the  legislature  on  the  rapid  progress 
made  in  the  construction  of  the  canals,  and  he  expressed 
an  opinion  that  the  Erie  and  C'hamplain  canals,  which  had 
been  commenced  on  the  4th  July,  1S17,  would  be  com- 
pleted during  the  year  1823.  He  recommended  the 
formation  of  a  board  for  public  improvement,  and  he 
notiied  the  canals  which  were  then  projected  in  Ohio  and 
Illir;ois.  He  intimated  that,  in  his  judgment,  these  in- 
fant states  ought  to  be  assisted  by  the  general  government 
in  carrying  into  effect  the  magnificent  plans  they  had  pro- 
jected, and  he  urged  the  legislature  to  instruct  the  sena- 
tors and  request  the  members  of  the  house  of  representa- 
tives from  this  state,  in  the  congress  of  the  Union,  to  use 
their  efforts  to  procure  a  grant,  to  these  states,  of  the  aid 
vliich  they  required. 

Tlie  city  of  Washington  had  applied,  through  the  ex- 
ecutive of  this  state,  for  its  influence  with  the  national 
government,  to  persuade  that  government  to  assist  them 
in  the  execution  of  their  plans  of  improving    that    city, 


1822.]  OF    NEW-YORK.  89 

which  the  governor  recomraended  to  the  favorable  atten- 
tion of  the  members. 

He  made  various  other  important  suggestions,  among 
which  was  a  recommendation  to  alter  and  improve  our 
code  of  criminal  law,  and  concluded  what  was  supposed 
to  be  his  last  legislative  address,  with  this  very  commend- 
able advice:  "whatever  diversity  of  opinion  may  exist,  I 
am  persuaded  that  we  will  all  co-operate  with  a  sincere 
and  entire  devotion  to  our  solemn  and  momentous  duties, 
in  cherishing  a  spirit  of  conciliation  and  forbearance,  and 
in  cultivating  that  respect  which  we  owe  to  each  other 
and  to  ourselves." 

This  liberal  and  patriotic  suggestion  did  not  receive  the 
attention  which  its  intrinsic  merits  demanded  from  an  en- 
lightened body  of  men;  for  Mr.  UIshoefFer  immediately 
moved  that  a  committee  be  appointed  to  consider  the  pro- 
priety of  answering  the  governor's  speech;  which  mo- 
tion prevailed,  and  he  was  appointed  chairman  of  that 
committee.  He  made  a  labored  and  long  report,  in  which 
he  .animadverted,  with  great  severity,  on  the  practice  of 
the  governor,  in  delivering  a  speech,  instead  of  sending  a 
message  to  the  legislature,  a  practice  by  the  by,  which  had 
been  in  use  ever  since  the  organization  of  the  govern- 
ment. He  concluded  his  report  by  recommending  the 
adoption  of  the  following  resolution: 

^^  Resolved^  Th^t  this  house  approves  of  the  declara- 
tion of  the  late  assembly,  '  that  the  custom  of  delivering 
a  speech  by  the  executive  to  the  legislature  at  the  open- 
ing of  the  session,  and  of  returning  an  answer  to  the 
same,  is  a  remnant  of  royalty,  not  recommended  by  any 
considerations  of  public  utility,  and  ought  to  be  abolish- 
ed.'" 

Several  years  before,  the  governor  had  in  his  annual 
speech,  stated  to  the  legislature  that  on  his  part  he  waved 
the  claim  on   them  for  an  answer,  but  that  he  preferred 


90  POLITICAL     HISTORY  [i'rH. 

commit  in  person  to  the  legislature  and  ilelivcfirig  an  ad- 
dress, to  sending  a  message,  because,  in  his  judgment, 
that  course  was  most  rcspecLful  to  the  representatives  of 
the  pe()j)le.  Wl)ether  tiie  governor  would  address  the 
members  personally  or  communicate  with  them  by  mes- 
sage, was  a  matter  which  it  was  as  exclusively  his  pro- 
vince to  decide  as  the  hour  of  meeting  of  the  assembly 
was  for  tticin  to  determine.  He  had  tlecided  on  the  ques- 
tion and  was  supported  in  that  decision  by  the  unit^orin 
praciice  of  his  predecessors,  and  he  had  rendered  a  mo- 
dest and  respectful  reason  for  the  course  he  had  adopted. 
All  that  the  assembly  would  do,  was  to  determine  that 
thty  would  make  no  answ-er  to  his  speech;  and  the  ex- 
pression of  this  determination  was  unnecessary,  because 
ihe  "overnor  had  informed  them  he  neither  required  or 
expected  <.ny.  The  asseition  that  the  praciice  of  deliver- 
ing speeches  and  making  answers  was  "  a  remnant  of 
royalty^^  must  have  been  made  for  the  sole  purpose  of 
producing  effect. 

"  Mr.  J.  M'Kown  said  he  was  opposed  both  to  the  re- 
port and  resolution.  The  committee  had  travelled  out  of 
their  boui\ds,  and  had  speculated  upon  abstract  subjects, 
which  liad  not  been  submitted  to  their  consideration.  He 
then  otlered  as  a  substitute  for  the  resolutions  offered  by 
the  chairman  of  the  select  committee,  the  following  recital 
and  resolutions. 

"  Wiieuas,  the  committee  who  were  appointed  to  report 
on  the  propriety  of  answering  tlie  speech  of  his  excellen- 
cy the  governor,  have  reported  to  the  house,  and  given 
statements  and  opinions  on  matters  not  submitted  to  themj 
therefore, 

"  Resolved,  as  the  sense  of  this  committee,  that  ihey 
disagree  to  the  report  of  the  select  committee,  and  that 
the  said  committee  be  discharged  from  any  further  con- 
sideration of  the  subject  referred  to  them. 


l'^2-2.]  OF    NEW-VORK.  91 

"  Resolved,  That  the  former  custom  of  returning  an 
answer  to  the  speech  of  his  excellency  the  governor  hav- 
ing been  abolished,  this  committee  does  not  dtcm  it  ne- 
cessary to  revive  such  practice. 

"  Here  an  animated  debate  ensuerl,  wiiich  occupied  the 
priiici[)al  part  of  the  day,  and  in  which  the  substitute  of- 
fered by  Mr.  M'Kown  was  supported  by  the  mover,  and 
by  Mrssrs.  Ford,  Cady,  Rumsey,  Ruggies  and  Bronson; 
and  oppcsed  by  Messrs  Ulshoeffer  and  the  Speaker;  when 
the  question  on  the  subject  u'as  taken  by  ayes  and  noeS; 
and  decided  in  the  negative." 

After  this  matter  was  disposed  of,  very  little  of  party 
feeling  was  elicited  during  the  remainder  of  the  session. 

It  is  worthy  of  remark,  tiiat  although  after  the  adjourn- 
ment of  this  legislature,  the  Clintonian  party  a{)parenlly 
ceased  to  exist,  that  party,  as  representetl  at  the  seat  of 
government,  had  the  appearance  of  considerable  strength. 
It  held  the  executive  department  of  the  governmentj  its 
members  in  the  assembly  had  increased  since  the  preced- 
ing year,  and  it  possessed  in  that  body  a  decided  j)repon- 
derance  of  taU^nt.  Messrs.  McKown,  Bronson,  (now  a 
judge  of  the  supreme  court,)  Ford,  Rugglcs,  and  J.  W. 
Cady,  weie  men  whose  talents  would  have  rendered  them 
an  ornament  to  any  deliberative  body.  In  the  senate,  too, 
the  party  had  received  an  accession  of  members,  and  per- 
sonal weiglit  of  character.  But,  notwithsanding  this,  an 
impression  almost  universally  prevailed,  that  the  Clintonian 
party  could  not  regain  its  ascendancy,  and  therefore,  as  an 
organized  party,  it  was  dissolved  the  ensuing  summer,  by 
a  general,  though  a  tacit  consent. 

On  the  10th  of  January,  the  assembly  proceeded  to  the 
choice  of  a  council  of  appointment,  and  John  Townsend 
of  the  southern,  Charles  E.  Dudley  of  the  middle,  Benja- 
min Mooers  of  the  eastern,  and  Perry  G.  Childs  of  the 
western  districts,  were  elected.     The  members  were  all 


92  POLITICAL    HISTORY  [1822. 

• 

opponents  of  the  governor,  notwithstanding  the  two  gen- 
tlemen last  named  were  elected  as  his  political  friends,  in 
opposition  to  candidates  who  frankly  avowed  different 
political  views.  This  was  the  last  council  of  appointment, 
but  it  did  very  littlej  for,  in  fact,  there  was  very  little  to 
be  done,  unless  they  had  busied  themselves  in  turning 
their  own  friends  out  of  office.  I  take  this  occasion  to 
remark,  that  Mr.  Dudley  anrl  Gen.  Mooers  were  mild  and 
moderate  men,  perfectly  kind  and  amiable  in  their  feelings, 
and  would  have  been  very  illy  suited  by  nature  to  have 
performed  the  part  which  was  performed  by  their  imme- 
diate predecessors. 

The  legislature,  ilurng  this  session,  passed  laws  for 
apportioning  the  members  of  assembly  among  the  several 
counties,  according  to  the  whole  number  fixed  by  the  new 
constitution;  also  directing  the  time  and  manner  of  elect- 
ing the  state  officers  by  the  two  houses,  and  of  appoint- 
ing the  justices  of  the  peace  in  the  various  counties  of  the 
state,  and  for  limiting  the  coroners  to  be  chosen  in  each 
county  to  the  number  of  four.  They  also  passed  a  law 
dividing  the  state  into  thirty  congressional  districts. 

By  the  eleventh  section  of  the  seventh  arti(de  of  the 
amended  constitution  it  was  provided,  that  no  lottery 
should  thereafter  be  authorized  in  the  state;  that  the  legis- 
lature should  pass  laws  to  prevent  the  sale  of  all  lottery 
tickets  within  this  state,  except  in  lotteries  already  provi- 
ded for  by  law.  This  clause  recognized  the  lottery  grants 
already  made  by  the  legislature.  The  only  grants  then 
existing  were  those  munificent  provisions  for  our  literary 
institutions  which  were  granted  in  the  year  1814. 

Under  the  old  lottery  system,  the  managers  were 
appointed  by  the  state,  and  in  that  way  the  state  became 
liable  for  all  losses  which  arose  through  the  neglect  or 
misconduct  of  the  managers.  Apparently  for  the  purpose 
of  reli';ving  the  state  from  this  responsibility,  on  the  fifth 


1S22.]  OF    NEW- YORK.  93 

of  April,  a  law  was  passed  authorizing  the  institutions,  for 
whose  benefit  these  lotteries  had  been  granted,  to  assume 
the  supervision  and  direction  of  the  lotteries,  and  to  ap- 
point such  and  so  many  managers  or  agents  as  they  should 
deem  proper,  and  to  make  such  contracts  in  relation  thereto 
as  they  might  think  expedient.  By  this  act,  the  state,  in 
a  great  measure,  parted  with  its  control  over  the  lotteries; 
and  the  institutions,  which,  I  believe,  were  principally 
represented  by  Doct.  Nott,  contracted  with  Mr.  John  B. 
Yates  and  Mr.  Archibald  Mclntyre  to  manage  the  lottery. 
This  was  one  of  the  most  important  contracts,  if  so  it 
might  be  called,  that  ever  was  made  and  executed  in  this 
community.  By  it,  Messrs.  Yates  and  Mclntyre  were 
vested  with  the  exclusive  monopoly  of  issuing  and  vending 
all  the  tickets,  which,  in  all  future  time,  were  to  be  put  in 
circulation  in  the  state  of  New-York,  until  they  should, 
from  that  portion  of  the  gains  which  they  did  not  apply 
to  their  own  use,  pay  several  hundreds  of  thousands  of 
dollars  to  the  literary  institutions.  The  time  within  which 
the  contractors  should  pay  and  satisfy  the  grants  made  to 
the  institutions,  was  to  be  fixed  by  the  comptroller.  There 
was  no  reason  to  apprehend  that  he  would  be  inclined 
unreasonably  to  restrict  the  time  for  the  existence  of  the 
monopoly,  provided  the  contractors  should  satisfy  the  in- 
stitutions, and  keep  them  quiet.  This,  to  say  the  least, 
was  an  extremely  ill-advised  and  hazardous  act  of  le- 
gislation. Fortunately  for  the  public  and  the  literary  in- 
stitutions, the  contractors  were  men  of  high  honor  and 
integrity,  and  I  believe,  so  executed  the  law  and  their 
contract  as  fully  to  carry  into  eflfect  the  intention  of  the 
legislature.  They  actually  closed  the  business  within  a 
reasonable  time.  They  made,  as  was  to  have  been  ex- 
pected, and  indeed,  asper<haps  was  right  they  should  have 
made,  a  splendid  fortune  out  of  the  enterprise.  Mr.  John 
B.  Yates,  a  talented  and  benevolent  man,  within  a  few 


94  POLITICAL    HISTORY  [lb22. 

years  after  this  contract  was  made,  assigned  his  interest 
in  it  to  his  brother  Henry  Yates,  the  senator  whom  I  have 
so  often  mentioneil,  and  Mr.  John  Ely,  Jun.  another  re- 
markably correct  business  man,  and  he  himself  retired  to 
his  residence  in  the  country,  where  he  not  long  ago  died, 
highly  esteemed  and  deeply  lamented.  Mr.  Mclntyre, 
from  the  time  he  engaged  in  this  business,  withdrew  from 
any  active  participation  in  political  contests.  His  success 
in  the  execution  of  this  great  contract  rendered  his  removal 
from  the  office  of  comptroller  instead  of  being  an  injury, 
a  great  favor  to  him.  After  closing  his  business  as  lotte- 
ry contractor,  he  returned  to  his  old  and  favorite  city, 
Albany,  where  he  now  lives  in  the  enjoyment  of  all  that 
happiness  which  the  consciousness  of  a  well  spent  life, 
the  gratitude  of  his  numerous  friends,  (many  of  whom, 
from  the  kindness  and  benevolence  of  his  nature,  he  has 
saved  from  ruin,)  and  the  universal  esteem  of  the  wise  and 
good,  can  confer. 

The  legislature  adjourned  on  the  17th  of  April,  without 
passing  any  law  of  importance,  except  those  to  which  I 
have  alluded. 

During  this  winter,  the  people  at  the  polls  of  election, 
passed  upon  the  question  whether  the  amended  constitu- 
tion should  be  adopted  or  rejected.  In  the  month  of  Feb- 
ruary returns  were  made  at  the  office  of  the  secretary  of 
state,  from  all  the  counties  in  the  state,  from  which  it  ap- 
peared that  there  were  given  seventy-five  thousand  four 
hundred  and  twenty-two  votes  for  the  constitution,  and 
forty-one  thousand  four  huntlred  and  ninety-seven  against 
it,  exhibiting  a  majority  of  THIRTY-THREE  THOU- 
SAND NINE  HUNDRED  AND  TWENTY-FIVE.  It 
was  fortunate  that  so  great  a  unanimity  of  opinion  prevail- 
ed (»n  this  vftally  important  cpn'stion,  and  it  was  creditable 
to  the  character  and  intelligence  of  th^ people,  that  this  civil 
revolution  was  brought  about,  and  that  it  finally  terminated 


1822.]  OF    NEW-YORK.  95 

in  a  manner  so  quiet  and  peaceable.  The  experience  of  a 
few  years  convinced  all  candid  men  who  voted  with  the  mi- 
nority, that  the  new  constitution  was  preferable  to  the  old. 

For  the  purpose  of  exhibiting  the  spirit  of  the  times,  I 
think  it  will  be  proper  to  detail  an  incident  which  took 
place  in  relation  to  the  Albany  post  office,  although  the 
occurrence  itself  was  not  necessarily  connected  with  the 
state  politics.  Mr.  Southwick,  who  had  been  for  several 
years  post  master  at  Albany,  had  become  a  defaulter,  and 
was  on  that  account  removed  from  the  office. 

Gen.  Solomon  Van  Rensselaer,  then  a  member  of  con- 
gress from  the  county  of  Albany,  was  a  candidate  for  ap- 
pointment, to  the  vacant  office.  Gen.  Van  Rensselaer  had 
been  a  steady  and  uniform  federalist;  but  from  his  boy- 
hood he  had  manifested  a  greater  inclination  for  military 
than  civil  life.  He  had  much  rather  shoot  at  an  enemy, 
in  arms  against  his  country,  than  argue  a  constitutional 
question  with  his  neighbor.  His  gallant  services  under 
Gen.  Wayne,  in  his  Indian  expedition,  and  at  the  head  of 
the  New-York  militia  on  the  Niagara  frontier,  (though  the 
attack  was  imprudent  and  ill  judged,)  during  the  last  war, 
were  then,  and  indeed  now,  too  well  known  to  require  to 
be  detailed  on  this  occasion.  A  respect  for  his  military 
services  and  personal  bravery  induced  many  of  the  repub- 
lican members  of  congress,  especially  from  the  western 
states,  to  advocate  his  appointment,  and  he  was  according- 
ly appointed.  Chancellor  Lansing  was  the  candidate 
nominated  by  the  democratic  party  at  Albany.  Previous, 
however,  to  the  decision  of  the  national  executive  in  rela- 
tion to  the  Albany  post  office,  vice-president  Tompkins, 
and  the  two  New-York  senators,  Rufus  King  and  Martin 
Van  Buren,  communicated  to  the  president  and  post  mas- 
ter general  a  formally  written  protest  against  the  apj)oint- 
ment  of  Mr.  Van  Rensselaer,  exclusively  on  the  ground 
that  he  was  a  federalist.*     This  semi-official  avowal  of  a 


26  POLITICAL    HISTORY  [lf^-22. 

cause  why  a  gallant  soldier  should  not  participate  in  the 
civil  patronage  of  the  government,  was  viewed  with  won- 
der by  some  of  the  republican  members  who  were  unac- 
quainted with  New- York  politics.  To  us  it  was  not  at  all 
surprising.  The  course  of  Gov.  Tompkins  and  Mr.  Van 
Buren,  on  this  occasion,  was  in  substance  the  same  which 
had  been  pursued  by  both  political  parties  since  the  fa- 
mous council  of  iSOlj  called  Clinton  and  Spencer's  coun- 
cil. What,  I  suppose,  excited  more  zeal  on  the  part  of 
Mr.  Van  Buren,  was  the  fact  that  his  favorite  council,  at 
the  head  of  which  stood  Judge  Skinner,  had,  the  winter 
before,  removed  this  same  Solomon  Van  Rensselaer  from 
the  office  of  adjutant  general,  (a  military  office,)  solely  on 
political  grounds.  He  looked,  therefore,  on  the  course 
adopted  by  Mr.  Monroe,  of  whom  Mr.  Van  Buren  and 
his  friends  claimed  to  be  the  exclusive  supporters,  as  a 
direct  condemnation  of  the  conduct  of  the  democratic  poli- 
cy in  New-York.  Considering  what  may  be  called  the 
common  law  of  parties  in  this  state,  and  making  due  al- 
lowance for  it,  I  cannot  censure  with  severity  the  conduct 
of  Mr.  Tompkins  and  Mr.  Van  Buren.  But  the  conduct 
of  Mr.  King  ought  to  be  tried  by  a  different  rule.  He 
had  been  uniformly  a  federalist;  had  been  supported  by 
that  party  steadily,  from  the  year  1787;  had,  in  1814, 
been  elected  to  the  United  States  senate  by  the  federalists, 
and  had  been  re-elected  by  their  unanimous  vote;  although, 
for  special  and  peculiar  reasons,  Mr.  Van  Buren  and  his 
friends,  the  last  time  he  was  elected,  had  supported  him. 
It  was  under  ihese  circumstances  that  Mr.  King  opposed 
the  appointment  of  Solomon  Van  Rensselaer  to  the  office 
of  posi-master  in  Albany,  because  he  was,  or  had  been,  a 
federalist. 

Mr.  Van  Rensselaer  and  his  family  and  friends  had 
twice  supported  Mr.  King  for  senator  and  more  than  once 
for  governor  of  New-York,  and  Mr.  King    for    that   ann 


td  b^i    J   '-  s^r.vXre 


s  ®  m  m  HP  m    m  o  \r  s^w  m  m 


COVER  NOR      OF      NEW 


IS2~.]  OF    NEW-YORK.  9" 

similar  reasons,  ant!  none  other,  protested  against  his  ap- 
pointment. This  art  was  wholly  unworthy  of  Mr.  King, 
who  during  a  long  course  of  public  life,  on  all  other  oc- 
casions, conducted  with  great  dignity;  and  although  we 
might  believe  his  political  opinions  erroneous,  yet  we  es- 
teemed and  venerated  the  individual  as  an  high  minded 
and  honorable  man.  He  had  been  a  national  and  not  a 
state  politician,  and  his  initiation  into  the  mysteries  of 
Albany  politics  during  the  convention,  the  autumn  pre- 
ceeding,  must  have  produced  this  ill  advised  act — an  act 
which.  I  have  no  doubt,  he  shortly  afterwards  regretted. 

The  question  which,  among  politicians,  absorbed  all 
others,  and  indeed  engrossed  the  attention  of  the  New- 
York  public  in  general,  was,  who  should  be  the  next 
governor  ?  The  gcvernment,  under  the  new  form,  was 
to  be  put  in  operation  by  the  executive  and  legislative  au- 
thorities, who  were  to  be  chosen  in  November,  1822. 
All  the  civil  offices  would  then  become  vacant,  including 
the  high  offices  of  chancellor  and  judges  of  the  supreme 
court,  which  had  heretofore  been  untangible  by  the  ap- 
pointing power,  and  all  the  great  state  offices.  All  these 
offices  v/cre,  if  I  may  so  express  myself,  to  be  thrown  to- 
gether in  one  mass,  at  the  capitol,  and  the  man  who  should 
be  elected  governor,  was  to  distribute  the  greater  part  of 
them,  and  bestow  them  on  such  persons  as  he  should  be- 
lieve most  worthy,  or  were  most  agreeable  to  him.  No 
wonder  then  that  deep  and  intense  anxiety  should  have 
pervaded  the  minds  of  all  in  respect  to  his  selection. 

From  the  result  of  the  election  of  members  of  assem- 
bly, in  1821,  and  of  delegates  to  the  convention,,  in  June 
of  that  year,  and  also  from  the  general  tone  of  public 
sentiment  every  where  expressed,  it  was  most  evident  that 
the  candidate,  who  should  be  nominated  by  the  democra- 
tic party,  would  be  elected.  All  the  intelligent  friends 
of  Mr.  riinton  v/ere  convinced  of  this,  and  unreservedly 


98  POLITICAL    HISTORY  [1822. 

declared  to  him  that  such  was  their  opinion,  and  they 
therefore  advised  him  to  decline  a  competition.  He,  foi 
some  time,  hesitated,  but  finally  yielded  to  their  sugges 
tions.  But,  in  order  to  carry  him  ofF  the  field  with  the 
best  possible  grace,  a  meeting  was  got  up  in  Albany  by  Mr. 
William  James,  Mr.  Archibald  M'Intyre  and  a  few  others 
of  Mr.  Clinton's  staunch  friends,  at  which  they  passed  reso- 
lutions highly  laudatory  of  his  character  and  public  servi 
ces,  and  appointed  a  committee  to  inquire  of  him  whether 
he  would  consent  to  be  a  candidate  for  re-election.  As 
was  anticipated,  he  expressed  his  determination  not  to 
sulTer  his  name  to  be  used.  The  field  was  of  course  left 
clear  for  any  man  who  should  be  so  fortunate  as  to  obtain 
a  reeular  legislative  caucus  nomination  of  the  democra- 
tic  party.  This  state  of  things  led  to  a  scene  of  raanoeu- 
vering  and  electioneering  by  the  aspirants  to  the  execu- 
tive chair,  and  their  respective  friends  before  unequalled 
and  unprecedented.  Several  gentlemen  were  named — 
Mr.  Sandford,  Gen.  Root,  P.  B.  Porter,  Henry  Seymour 
and  sundry  others  were  spoken  of,  but  the  contest  finally 
settled  down  between  Judge  Yates  and  Col.  Young.  I 
have  no  doubt  that  Gov.  Tompkins  would  have  preferred 
the  government  of  this  slate  to  the  vice  presidency,  but 
whether  he  considered  his  acceptance  of  that  office  a  bar 
to  his  being  a  camlidate  for  the  office  of  governor,  or 
whether  his  political  friends  were  disinclined  again  to 
support  him,  I  am  not  advised.  The  probability  however 
is,  that  the  party  generally  desired  to  bring  some  new  man 
into  the  government,  for  it  is  certain  Mr.  Tompkins  was 
not  seriously  mentioned  as  a  candidate.  Col.  Young  was 
admitted  by  all  to  be  a  man  possessing  talents  of  a  high 
order.  His  ])oliti(;al  tact  and  char;'Cler  had  been  fully 
developed  in  the  legislature,  in  .the  convention  and  as  a 
gtate  officer.  No  man  charged  iiim  with  a  want  of  in- 
tefjrrity,  but  he  was  considered  by  his  political  opponer:'s 


l^•22.]  OF    NEW- YORK.  99 

ami  also  by  some  who  claimed  to  be  of  his  own  party,  as 
ultra  radical  in  his  political  views  and  illiberal  if  not  fe- 
rocious towards  his  opponents. 

Joseph  C.  Yates  had  been  for  many  years  a  judge  of 
the  supreme  court;  his  friends  did  not  claim  for  him  either 
great  or  brilliant  talents,  but  he  was  supposed  to  be  dis- 
creet, cautious  and  prudent;  he  was  modest  and  mild  in 
his  deportment;  he  had  never  given  evidence  of  a  vindic- 
tive, persecuting  spirit,  and  he,  as  I  said  of  Mr.  Van 
Vechten,wasconstilutionaIly  opposed  to  serious  innova- 
tions. 

Mr.  Young,  therefore,  was  supported  by  a  large  majo- 
rity of  what  are  called  your  thorough  going  politicians, 
while  the  more  mild  and  conservative  portion  of  the  par- 
ty were  for  Mr.  Yates.  But  various  personal  considera- 
tions influenced  many  of  the  the  members  to  take  sides  for 
one  or  the  other  candidate  according  to  their  individual, 
supposed  or  real  interest,  or  their  personal  predilections 
or  prejudices. 

The  friends  of  Gov.  Clinton,  and  especially  of  Chief 
Justice  Spencer,  and  indeed  the  other  judges  of  the  su- 
preme court,  were  very  desirous  that  Yates  should  be  nomi- 
nated; and  although  they  could  have  no  direct  public  in- 
fluence v/ith  the  democratic  members,  yet  they  had  per- 
sonal friends,  either  among  the  members  or  those  who  had 
influence  with  them,  which  was  brought  to  bear,  no  doubt 
with  considerable  effect. 

The  secretary  of  state,  Mr.  John  Van  Ness  Yates,  who 
was  a  distant  relative  of  the  judge,  was  a  man  of  enga- 
ging manners  and  good  address,  and  had  many  personal 
friends.  His  residence  was  at  Albany,  and  his  official 
station  enabled  him  to  keep  up  a  constant  intercourse  with 
most  of  the  republican  members  of  the  legislature.  He, 
did  not  fail  to  put  in  requisition  all  his  skill  and  ingenui- 
ty in  behalf  of  the  nomination  of  Judge  Yates. 


100  POLITICAL    HISTORY  [IS'^i. 

A  caucus  of  the  democratic  members  was  eventually  held, 
and  Mr.  Yates  obtained  a  considerable  majority  over 
Col.  Young,  and  was  declared  duly  nominated.  Col. 
Young  was  in  Albany,  on  the  evening  of  the  caucus.  A 
gentleman  who  spent  the  evening  with  him,  wrote  me 
that  the  Colonel  appeared  perfectly  indifferent  about  the 
result,  and  when  a  messenger  came  in  and  announced  the 
nomination,  Mr.  Y,  jocosely  said,  "I  can  do  without  the 
state  of  New-York,  as  well  as  the  state  can  do  without 
me."  "  This,"  says  my  correspondent,  "  would  have 
been  a  little  vain-glorious  if  he  had  been  chagrined,  or 
had  not  actually  spoken  it  in  a  style  of  badinage." 

After  it  became  evident  that  the  Clintonian  party  would 
not  present  a  candidate  in  opposition  to  Judge  Yates,  and 
early  in  the  summer  of  1822,  Mr.  Solomon  Southwick 
announced  himself  as  a  candidate.  There  was  something 
singular  in  the  mental  constitution  of  Mr.  Southwick 
He  was,  beyond  question,  a  man  of  genius^  but  no  man 
ever  lived,  who  might  be  called  sane,  who  was  so  much 
under  the  control  of  passion  and  wild  fancies.  His  imagi- 
nation was  most  ardent  and  constituted  the  controlling 
power  of  his  mind.  Nature  had  formed  him  for  a  poet. 
Indeed,  he  wrote  poetry  with  considerable  taste  and  ele- 
gance. When  he  was  in  the  full  tide  of  success  as  a  bu- 
siness man  and  politician,  which  embraced  the  period  from 
1804  to  1812,  he  was  suddenly  raised,  by  a  combination 
of  fortuitous  circumstances,  to  great  political  influence, 
and  money  flowed  into  his  coffers  he  scarcely  knew  how 
or  why.  During  that  period  he  indulged  in  pleasures. 
He  was  benevolent,  nay,  generous,  to  a  fault.  Many  of 
the  objects  and  recipients  of  his  bounty  were  utterly  un- 
worthy, and  such  were,  of  course,  ungrateful  when  he 
ceased  to  have  the  power  to  minister  to  their  pleasures  or 
their  wants.  In  the  days  of  his  prosperity  his  wild  and 
extravagant  imagination  led  him  into  absurd  and  ridicu- 


:f*^ 


l!:*-22.]  OF     NEW-YORK.  101 

lous  sp<  culations,  which  ended  in  his  bankruptcy  for 
thousands  of  dollars.  After  hs  \V3^^  red^wed  to  poverty, 
and  his  political  influence  was  enti'-ely  prostrated,  he  be- 
came still  more  visionary  and  fr.niastic. 

1  believe  it  is  Mr.  Hume  who  says,  that  men  in  despe- 
rate circumstances,  when  all  reasonable  hope  of  relief  from 
human  agency  fails,  are  generally  disposed  to  hope  for  aid 
from  the  miraculous  interposition  of  some  invisible  power. 
This  propensity  in  human  nature,  if  it  exists,  was  rendered 
the  more  active  in  Mr.  Southwick,  by  his  ardent  and  uncon- 
trolable  imagination.  He  was  in  daily  expectation  that 
the  next  mail  would  bring  him  news  that  he  had  drawn 
the  highest  prize  in  a  lottery;  and  I  have  known  him  bor- 
row money  of  a  friend  under  a  solemn  pledge  of  his  honor, 
and  he  would  gladly  have  pledged  his  life,  for  its  repay- 
ment in  ten  days,  and  have  afterwards  ascertained  that  his 
sole  expectation  of  redeeming  his  pledge  depended  on 
his  drawing  a  prize  when  the  next  lottery  in  which  he  was 
interested  should  be  drawn.  When  I  say  that  I  think 
Mr.  S.  was  honest  when  he  made  those  assurances,  I 
shall  scarcely  be  believed;  and,  if  I  am  believed,  when  I 
say  I  consider  him  a  man  of  talents,  I  shall  be  regarded  as 
absurd.  But  let  any  man  look  at  the  result  of  his  edito- 
rial labors  in  the  Albany  Register,  from  1801  to  1812;  to 
his  poem  entitled  "The  Pleasures  of  Poverty,"  and  other 
productions  of  his  pen,  and,  it  seems  to  me,  the  fact  that 
he  possessed  respectable  talents,  will  not  be  denied.  This 
was  the  man  who  took  the  field,  on  his  own  motion,  as 
the  opposing  gubernatorial  candidate  to  Judge  Yates. 
But  he  was  doomed  to  experience,  what  every  man  of 
common  sense  anticipated,  a  total  failure.  He  received 
so  few  votes  that  the  election  of  Mr.  Yates  may  be  said 
to  have  been  unanimous.  Certainly  he  was  made  gover* 
nor  by  general  consent. 


102  POLITICAL    HISTORY  [1822. 

Scarce  any  opposition  can  bs  said  to  have  been  made  to 
the  election  of  d^L^iOofatic  members  of  the  legislature. 
The  state,  by  virtue  ol  t'he  new  constitution,  had  been 
divi;deil  ,irft<>'eie'ht' ^eni^tOiial  districts.  In  some  of  the 
districts  no  opposition  was  made  to  the  regularly  nomina- 
ted democratic  candidates,  and  in  all  those  districts  in 
which  an  opposition  ticket  was  supported,  the  democratic 
senators  were  elected  by  triumphant  majorities.  The  fol- 
lowing are  the  names  of  the  persons  who  composed  the 
first  senate  which  was  elected  under  the  new  govern 
Dicnt: 

From  the  First  District. 
Walter  Bowne,  John  A.  King, 

Jasper  Ward,  John  Leiferts. 

Second  District. 
John  Hunter,  John  Suydam, 

Stephen  Thorne,  James  Burt. 

Third  District. 
Charles  E.  Dudley,  James  Mallory, 

Edward  P.  Livingston,  Jacob  Sutherland. 

Fourth  District. 
Archibald  Mclntyre,*  Melancton  Wheeler, 

John  Cramer,  David  Erwin. 

Fifth  District. 
Samuel  Beardsley,  Alvin  Bronson, 

Thomas  Greenly,  Sherman  Wooster. 

Sixth  District. 
Farrand  Strannahan,  Isaac  Ogden, 

Tilly  Lynde,  Samuel  G.  Hathaway. 

•  Of  Montgomery  county,  not  the  late  comptroller. 


i822.] 


OF    NEW-YORK. 


103 


Siventh  District. 


Byram  Greene, 
Jonas  Earl,  Jun. 


Silas  Eowker, 
Jesse  Clark. 


Eishth  District. 


David  Easton, 
Heman  J.  Redfield, 


Timothy  H.  Porter, 
Joseph  Spencer. 


For  the  first  time,  since  the  close  of  the  revolulioniiry 
war,  the  senate  were,  to  a  man,  composed  of  gentlemen 
professing  to  belong  to  the  same  political  party.  Two  of 
the  members  elect,  Mr.  John  A.  King  and  Mr.  Suydam 
were  of  that  corps  which  were  denominated  high  minded 
federalists;  but  that  little  band  seemed  now  to  be  merged 
in  the  great  republican  party. 

Mr.  Suydam,  who  resiiled  in  Kingston,  Ulster  county, 
was  a  lawyer  of  distinguished  talents,  particularly  as  an 
advocate;  and,  as  a  citizen,  he  possessed  many  amiable 
and  excellent  qualities.  He  had  been  an  efficient  and  zeal 
ous  federalist.  It  is  said  that  some  years  before,  a  politi- 
cal controversy  took  place  between  him  and  Mr.  Van  Bu- 
ren,  and  that  the  parties  became  so  highly  exasperated 
that  a  challenge  to  a  duel  passed  between  them,  but  that 
the  matter,  through  the  interposition  of  friends,  was  ami- 
cably adjusted.  Mr.  Suydam  was  one  of  the  fifty-one 
federalists  who  signed  the  anti-Clintonian  address  of  April 
14th,  1820,  and  he  was  a  supporter  of  the  election  of 
Gov.  Tompkins,  at  the  election  which  took  place  in  that 
year.  His  change  from  an  ardent  supporter  of  Clinton, 
to  an  active  opponent  was  extremely  sudden. 

One  evening,  during  the  last  part  of  the  session  of  the 
legislature,  in  1820,  at  a  late  hour,  Mr.  Suydam  called  at 
my  lodgings  and  stated   that  he  had  that  moment  left  a 


104  POLITICAL    HISTORY  [1822. 

caucus  of  his  federal  friends,  who  had  been  considering 
the  course  wliich  they,  as  a  party,  ought  to  pursue  at  the 
approaching  election  for  governor;  that  much  excitement 
and  heat  prevailed  among  thern;  that  the  friends  of  the 
respective  gubernatorial  candidates  were  unable  to  har- 
monize; that  they  had  separated  with  a  determinalion  to 
oppose  each  other,  and  that  he  regretted  to  say  that  not 
only  political  differences,  but  personal  animosities  existed 
among  them.  He  expressed  great  anxiety  for  the  success 
of  Mr.  Clinton.  While  we  were  conversing,  the  stage 
coach  called  to  take  him  to  Kingston,  and  in  less  than  a 
week  afterwards  the  mail  brought  me  a  newspaper  from 
Kingston  which  contained  an  account  of  a  public  meeting 
held  in  that  village,  williin  forty-eight  hours  after  Mr. 
Suydam  and  I  parted,  which  was  attended  by  hiui,  and  in 
which  he  made  a  speech  denouncing  De  Witt  Clinton.  I 
do  not  relate  this  incident  with  a  vievv  to  impeach  the  in- 
tegrity of  Mr.  Suydam,  for  he  was  an  honorable  man,  and 
altogether  incapable  of  dissimulation,  but  as  prof)f  of  the 
suddenness  vk'ith  which,  at  that  day,  men  of  standing  and 
character  changed  their  political  positions.  Mr.  Suy- 
dam was  an  able  and  distinguisheil  member  of  the  sen- 
ate. 

The  members  elected  to  the  assembly  were  also  nearly 
all  democrats.  It  was  but  now  antl  then  that  a  solitary 
Clintonian  was  chosen.  This  assembly  containeil  but 
very  few  persons  who  had  been  much  distinguished  for 
their  talents  or  standing,  as  politicians.  Among  the  most 
prominent,  were  Jesse  Buel  of  Albany,  James  Mullett,  Jr., 
of  Chautauque,  Azariah  C.  Flagg  of  Clinton,  Abraham  P 
Holdridge,  (a  Clintonian,)  of  Columbia,  Peter  R.  Living- 
ston of  Dutchess,  Richard  Goodell  of  Jefferson,  GulianC. 
Verplanck  and  Jesse  Iloyt  of  New-York,  James  Lynch  of 
Oneida,  and  Victory  Birdseye  of  Onondaga. 


1S22.]  OF    NEW-yORK.  105 

Never  harl  an  election  occured  in  which  a  more  quiet 
calm  apparently  pervaded  the  political  atmosphere;  and 
yet  it  was  a  calm  which  was,  as  in  free  governments  it 
generally  is,  portentous  of  a  tempest. 


]0(3  POLITICAL     HISrORY  [l^^li. 

CHAPTER   XXIX. 

FROM  JAMJAllY  I,  1S23,  TO  JANUARY  1,  1824. 

The  !euis]ciiiiie  rnet  ami  organized  on  the  7th  of  Janu- 
ary. Chie  hundred  ;'.nd  twcn'y-three  members  of  the 
assend^Iv  were  in  attendance.  Peter  R.  Livingston,  of 
Dutoliess  tounty,  received  one  hundred  and  seventeen 
voies  I'or  sp(aker,  and,  of  course,  was  elected.  This 
stronii'  vote  in  favor  of  one  of  the  most  violent  partisans 
ill  the  state,  exhibits  very  strikingly  the  overwhelming 
strength  of  the  dominant  parly.  It  also  shows,  that 
rimong  the  dominant  party  those  gentlemen  who  were 
most  distinguished  for  zeal,  I  might  perhaps  say,  personal 
antipathy  against  Mr.  Clinton,  and  for  pursuing  a  policy 
the  most  prescriptive  against  his  friends,  were  in  the  as- 
cen(hiniy  in  that  party;  lor  no  politician  in  the  state  had 
been  more  distinguished,  both  as  a  member  of  the  last 
senate,  and  in  the  convention  of  1821,  for  bitter  and  ran- 
corous hostility  against  Gov.  Clinton  and  his  supporters, 
than  Mr.  Livingston.* 

Immediately  alter  the  senate  was  organized,  the  lieu- 
tenant governor,  (Root,)  communicated  to  that  body  a 
letter  from  Jacob  Sutherland, stating  that  "  considerations 
which,  on  that  occasion,  were  unnecessary,  and  perhaps 
improper  for  him  to  state, had  determined  him  not  to  take 
a  seat  in  the  senate."  The  consideration  which  moved 
Mr.  Sutherland  to  decline  taking  a  scat  in  the  senate,  and 
which  he  deemed  improper  to  set  forth,  undoubtedly,  was 
that  he  had  reason  to  believe  he  would  be  appointed  one 
ol  the  judges,  either  of  the  supreme  or  circuit  court;  and 

*  I,  ol  course,  spvaU  of  iMr.  LiviiiKston  as  ;i  politician.  In  private  life,  and  in 
•ocia!  iuicrcourbf,  Jie  was  coiirieous,  iiind)  :iuU  liberal  iu  bis  sentiments. 


ISjo.J  OF     NEVV-VORK.  107 

as  by  iht^  amended  constilulion,  if  he  accepted  of  his  elec- 
ti.on  as  senator,  he  would  be  rendered  ineli^nble  to  receive 
any  office  which  couhl  be  conferred  on  him  by  the  gover- 
nor and  senate,  or  by  the  legis'ature,  during  the  terra  for 
which  he  was  elected,  he  preferred  himself  to  declare  his 
seat  vacant.  Many  persons  entertained  scruples  whether, 
even  by  this  step,  he  could  render  hinisclf  eligible  to  an 
appointment  by  the  legislative  or  executive  authorities  of 
tile  Slate.  The  constitution  declared  that  any  person  who 
should  be  elected^  &c.,  should  be  ineligible.  Mr.  S.  had 
been  elect ed,  and  his  election  had  been  'hily  certified  by 
the  canvassing  officers.  Was  he  not,  therefore,  by  the 
letter  of  the  constitution,  disqualified  ?  On  the  other  hand, 
it  was  alleged,  that  in  order  to  be  brought  within  the 
spirit  and  meaning  of  the  clause  in  the  constitution,  he 
must  not  only  be  elected,  but,  by  his  own  voluntary  act, 
become  a  memler  of  the  legislature.  This  consti-uction 
of  the  clause  was,  on  this  occasion,  deemed  correct  by  the 
governor  and  senate,  and  has,  with  great  propriety,  been 
acquiesced  in  ever  since.  It  would  be  absurd  to  permit  a 
single  county  to  deprive  the  state  of  the  services  of  a  citi- 
zen in  the  high  office  of  chancellor,  judge  of  the  supreme 
court,  &('.,  by  electing  him  a  member  of  the  assembly 
against  his  will. 

Upon  ihe  meeting  of  the  legislature,  all  men,  but  most 
especially  the  expectants  of  office,  looked  with  deep  anxi- 
ety for  the  action  of  the  governor  and  senate,  and  the  ex- 
citement became  most  intense. 

The  message  of  Governor  Yates  did  not  produce  an  im- 
pression favorable  to  his  talents  as  a  writer  or  statesman. 
Its  chief,  if  not  only  merit,  was  its  brevity. 

A  comparison  between  the  message  of  Gov.  Yates  and 
the  speeches  of  Mr.  Clinton,  both  as  respects  style  and 
mattei,  will  result  in  a  conclusion  very  unfavorable  to 
Mr.  Y.     But,  a  written  document  or  dissertation  is  by  no 


108  POLITICAL    HISTORY  [1823. 

means  decisive  of  the  mental  rapacity  and  power  of  the 
writer.     A  person  who  should  decide  on  the  talents  of 
Oliver  Cromwell    and    Oliver  Goldsmith,  by  comparing 
their  writings,  (if,  indeed,  Cromwell  left  any,]   would  a: 
rive  at  a  most  erroneous  conclusion. 

It  can  hardly  be  said  that  the  governor  recommended, 
specifically,  a  single  measure.  He  advised  great  caution 
in  passing  laws  for  new  modelling  the  judiciary  system. 
He  urged  the  propriesy  of  passing  such  laws  early  in  the 
session  as  should  be  deemed  necessary  to  carry  into  effect 
the  new  constitution.  He  suggested  that  improvements 
ought  to  be  made  in  our  penitentiary  system,  and  he  re- 
commended the  revision  of  the  statute  laws. 

In  relation  to  the  appointments  to  be  made  by  the  go- 
vernor and  senate,  those  in  which  men  of  all  political  par- 
ties, and  indeed  the  public  in  general,  took  the  deepest 
interest,  were  the  Sf  lection  of  judges  of  the  supreme  court. 
Would  the  governor  nominate,  and  would  the  senate  con- 
firm, the  appointment  of  the  old  judges'?  This  was  the 
great  an;!  absorbing  question. 

Gov.  Yales  had  been  a  long  time  a  member  of  the  su- 
preme court,  and  he  had,  during  nearly  the  whole  of  that 
time,  acted  politically  with  Chief  Justice  Spencer;  and,  as 
will  be  seen  by  the  reports  of  the  decisions  of  that  court, 
had  almost  always  concurred  in  his  judicial  opinions.  In- 
dependent, therefore,  of  his  desire  to  promote  the  public 
interest,  there  can  be  no  doubt  but  that  he  felt  anxious  to 
preserve  the  high  character  of  that  tribunal,  and  that  he 
entertained  a  personal  regard  for  some,  if  not  all  of  its 
members.  Influenced  by  these  considerations,  notwith- 
standing he  must  have  been  fully  aware  that  a  violent 
opposition  existed  among  many,  perhaps  a  majority,  of 
his  leading  political  friends,  he  nominated  Ambrose  Spen- 
cer chief  justice,  and  Jonas  Piatt  and  John  Woodwortb, 


18-33.] 


OF    NEW-YORK. 


109 


judges.  The  senate,  by  nearly  an  unanimous  vite,  re- 
jected the  nomination  of  these  gentlemen. 

The  general  course  of  policy  which,  at  this  time,  go- 
verned a  very  large  majority  of  the  senate,  which  was,  not 
to  consent  to  the  appointment  to  office  of  a  political  oppo- 
nent, would  perhaps,  of  itself,  furnish  a  sufficient  cause  of 
the  action  of  that  body  on  this  occasion.  But  there  were 
other  causes  operating  more  or  less  upon  the  minds  of 
members,  and  it  may  be  that  some  other  causes  were  ne- 
cessary, in  order  to  have  produced  the  result.  The  chief 
justice,  although  an  ardent  politician,  was  a  man  in  whose 
talents,  impartiality  and  integrity,  as  a  judge,  the  bar  and 
the  public  reposed  universal  confidence;  and  I  very  much 
doubt  whether  even  that  senate  would  have  ventured  to 
alarm  the  public  mind  with  fearful  apprehensions  in  rela- 
tion to  the  stability  of  our  jurisprudence  and  the  correct 
administration  of  justice,  which  they  well  knew  would  be 
the  consequence  of  leaving  off  the  chief  justice,  had  not 
other  than  general  political  considerations  affected  their 
minds.  The  chief  justice,  although  strictly  upright  and 
impartial,  was  somewhat  austere  in  his  deportment,  and 
particularly  so  to  the  younger  class  of  lawyers  who  ap- 
peared as  advocates  in  the  supreme  court.  He  heard  with 
an  impatience  which  he  took  no  pains  to  conceal,  argu- 
ments on  points  which,  with  his  long  experience  and  pro- 
found knowledge  of  the  law,  were  already,  in  his  own 
mind,  decided.  His  deportment,  on  these  occasions,  had, 
unknown  to  himself,  and  without,  on  his  part,  any  unkind 
feeling,  accumulated  among  the  younger  members  of  the 
bar  a  deep  and  settled  prejudice. 

An  influential  and  highly  intelligent  member  of  the 
senate,  in  the  winter  of  1823,  has  recently  had  the  kind- 
ness to  write  to  me  on  this  subject.  '  After  alluding  to  the 
violence  and  fierceness  of  the  contest  between  the  Clinto- 
nian  and  bucktail  parties,  which  had  then  but  just  termi- 


110  POLITICAL     HISTORY  [l6w.>. 

nateil,  and  stating  that  Mr.  Clinton  was  at  tliat  time  "  an 
object  of  deep  hosliliiy,  and  almost  of  fixed  hatred,"  he 
adds: — 

"Of  the  justice  or  injustice  of  this  feeling,  I  am  not 
speaking — it  is  enough  that  it  existed.  To  a  considerable 
extent,  it  was  not  merely  personal^  but  the  proposition  to 
amend  the  constitution,  and  the  result  of  the  conflict  on 
that  subject,  certainly  arrayed  men  on  adverse  sides  of 
great  principles.  Mr.  Clinton,  Chief  Justice  Spencer  and 
Judge  Piatt,  had  acted  together  upon  all  matters  touching 
the  new  constitution,  and  were,  for  that  reason,  exceed- 
ingly unpopular  with  the  dominant  party.  Add  to  this, 
that  the  chief  justice,  by  a  harsh  course  on  the  bench,  to- 
wards the  young  men  of  the  profession,  had  provoked 
their  hostility,  and  they  were  ready,  at  the  first  opportu- 
nity, to  exclaim  with  Napoleon — '  the  doctrine  of  repri- 
sals must  govern  this  case.'  When  the  old  judges,  there- 
fore, were  re-nominated  by  Gov.  Yates,  the  feeling  was 
strong  and  decided  against  the  confirmation  of  the  chief 
justice  and  Judge  Plait, and  especially  so  with  the  younger 
men  of  the  senate.  I  speak  plainly  on  this  subject,  being 
myself  of  the  profession  and  the  youngest  member  of  the 
senate,  and  in  what  I  have  stated,  my  own  views,  as  well 
as  those  of  others,  are  expressed." 

These  undoubtedly  were  the  reasons,  and  probably  the 
controlling  reasons,  v^hieh  produced  the  rejection  of  the 
nomination  of  the  chief  justice,  and  of  Judge  Piatt;  but  ii 
will  be  perceived,  thvil  none  of  these  objections  were  ap- 
])licable  to  Judge  Woodworth,  It  will  be  recollected, 
that,  as  a  member  of  the  council  of  revision,  he  voted 
against  the  rejeelion  of  the  convention  bill,  and  from  that 
time,  (November,  1820,)  he  was  considered  as  a  member 
of,  and  at  any  rate  he  acted  with,  the  democratic  party. 
The  desire  of  making  more  places  for  political  aspirants, 
and  of  organi/ing  -tn  entire  new  court,  connected  with  the 


1823.] 


OF   NEW-YORK. 


Ill 


consideration  that  Judge  Woodworth  had  no  hold  on  his 
former  politcal  friends,  in  consequence  of  his  recent  defec- 
tion, and  that  he  was  too  raw  a  recruit  in  the  ranks  of  the 
dominant  party,  then  supposed  to  be  quite  irresistible,  to 
have  gained  much  influence  or  standing  with  them,  were 
probably  the  causes  of  his  rejection.  The  majority,  how- 
ever, in  favor  of  his  rejection,  was  by  no  means  so  strong 
as  that  in  favor  of  the  rejection  of  the  chief  justice  and 
Judge  Piatt.  I  have  omitted  to  mention  as  I  ought  to 
have  done,  that  Judge  Van  Ness  declined  being  a  corape 
titor  for  a  re-appointment — thus  leaving  the  coast  clear 
for  Spencer,  Piatt  and  Woodworth. 

At  the  same  time  when  the  governor  sent  to  the  senate 
his  nomination  of  judges  of  the  supreme  court,  he  nomina- 
ted Nathan  Sanford  forthe  office  of  chancellor,  to  take  ef- 
fect in  August  then  next,  when  Chancellor  Kent  would, 
by  age,  become  ineligible.  This  nomination  was  unani- 
mously confirmed.  These  proceedings  took  place  in  the 
senate  on  the  27th  day  of  January. 

On  the  next  day,  the  governor  nominated  John  Savage, 
(comptroller,)  Jacob  Sutherland  and  Samuel  R.  Beus, 
judges  of  the  supreme  court.  Chief  Justice  Spencer  and 
Judge  Plait,  but  especially  the  former,  were  very  much 
dissatisfied  with  Governor  Yates  for  making  this  nomina- 
tion so  soon  after  their  rejection.  They  complained  that 
they  had  not  sufficient  notice  of  the  time  when  the  gover- 
nor intended  to  make  their  nomination;  but  they  particu- 
larly found  fault  with  him  for  his  extreme  haste  in  mak- 
ing new  nominations.  They  charged  him  with  insincerity. 
They  seemed  to  suspect  that  he  had  sent  their  names  to 
the  senate  for  the  mere  purpose  of  saving  appearances, 
with  a  full  knowledge,  and  perhaps  with  a  secret  desire, 
that  the  senate  would  reject  them.  They  thought,  after 
their  rejection,  that  the  governor  ought  to  have  refused 
iov  a  long  time,  if  not  indefinitely,  to  make  any  other  ap- 


\i~^ 


112  FCLITICAL    HISTORY  .  [18-^ 

pointmcnts.  In  this  way  they  vvouUl,by  a  species  of  legal 
or  political  necessity,  have  been  retained  in  office.  These 
complaints  appear  to  me  in  a  great  measure,  if  not  entire- 
ly, groundless.  From  personal  communications  which  I 
then  had  with  the  governor,  I  had  every  reason  to  believe 
lie  was  sincerely  and  cordially  desirous  that  the  senate 
should  have  confirmed  his  nomination  of  the  old  judges; 
and,  after  the  strong;  expression  in  the  senate  ao;ainst  their 
appointment,!  cannot  believe  that  Gov,  Yates  would  have 
been  justifiable,  on  his  own  individual  responsibility,  to 
have  retained  men  in  high  offices  in  opposition  to  ihe 
public  w'ill,  as  expressed  through  the  constitutional  organ 
of  the  people — the  state  senate.  Pie  would  have  been, 
and  I  am  not  sure  but  that  he  would  deservedly  have  been, 
impeaclied.  The  senate  acted  with  great  promptness  on 
the  second  nomination  of  judges  of  the  supreme  court; 
for,  on  the  29fh  of  January,  they  confirmed  the  nomination 
of  John  Savage  and  Jacob  Sutherland,  but  non-concurred 
in  that  of  Samuel  R.  Eetts. 

Mr.  Savage  was  a  man  of  great  purity  of  character  and 
excellent  good  sense.  He  had, however,  for  the  two  years 
next  preceding  his  appointment,  been  entirely  detached 
from  law  business,  and  indeed  had  never  been  in  full 
practice  in  that  profession.  Mr.  Sutherland,  although 
confessedly  a  man  of  genius  and  of  considerable  literary 
taste  and  attainments,  had,  at  no  period,  been  in  extensive 
practice  as  a  lawyer;  and  for  some  years  previous  to  this 
time,  although  he  was  district  attorney  of  the  United 
States,  he  had  abandoned  the  practice  of  his  profession  in 
the  city  of  Albany,  and  retired  to  a  farm  in  rather  an  un- 
frefjucnted  part  of  the  county  of  Schoharie.  Although  all 
men  had  confidence  in  the  integrity  and  native  mental  ca- 
pacity of  these  gentlemen,  yet  from  the  circumstances  1 
have  mentioned,  the  bar  were  generally  apprehensive 
Ihat   the  duties  of  the  judges  of  the  supreme  court  would 


1823.]  or   NEW-YORK.  113 

B«t  be  discharged  in  a  manner  so  satisfactory  to  the  com- 
Eiunity  as  they  before  had  been,  and  that  the  hi"-h  char- 
«i!ler  of  that  tribunal  would  not  be  sustained  under  the 
new  government.  But  the  candor,  industry,  caution  and 
excellent  judgment  of  Chief  Justice  Savage,  and  the  ta- 
lents and  genius  of  Judge  Sutherland,  together  with  the 
integrity  and  independence  exhibited  by  both,  soon  dissi- 
pated the  apprehensions  to  which  I  have  alluded.  In- 
deed, these  nominations  were,  perhaps,  as  agreeable  to 
the  senate  as  any  which  could  have  been  made.  It  is  true 
Gen.  Root's  name  was  mentioned  in  connection  with  the 
office  of  chief  justice,  and  ]\Tr.  Cramer,  and  other  personal 
friends  of  Col.  Young,  mentioned  him  as  a  suitable  person 
for  that  office,  or  for  the  office  of  chancellor.  In  fact  it 
was  rumored  that  he  was  pressed  very  hard  on  the  gover- 
nor for  one  of  those  offices,  whether  with  his  consent  or 
not,  I  do  not  know.  But,  notwithstanding,  I  repeat,  that 
no  nominations  could  have  been  made  which  would  have 
been  generally  more  acceptable  than  those  which  were 
last  made  by  the  governor. 

Mr.  Betts,  whose  nomination  was  rejected  by  the 
Senate,  was  admitted  to  be  a  man  of  talents,  a  good 
lawyer,  and  of  unexceptionable  character.  Why  then 
should  the  senate  have  confirmed  the  nomination  of 
Savage  and  Sutherland,  and  rejected  that  of  Betts  1  The 
only  reason  given  by  the  senators  at  the  time,  was  that 
he  was  suspected  of  some  political  heresies.  What  those 
heresies  were,  I  was  never  informed.  It  may  be  that  he 
had  disapproved  of  some  of  the  acts  of  the  party  in 
power;  but  I  conjecture  that  the  unfavorable  reports  in 
relation  to  the  political  orthodoxy  of  Mr,  Betts,  were  put 
afloat  by  the  friends  of  Judge  Woodworth  in  the  senate 
(for  we  find  when  Mr.   Betts  was  afterwards  nominated 

for  a  circuit  judge,  no   political  objections  were  urgsd 

H 


114  POLITICAL    HISTORY  [1823, 

against  liim,)  in  order  to  pave  the  way  for  the  re-nomina- 
tion of  that  gentleman. 

After  the  rtjection  of  Mr.  Betts,  the  governor  probably 
having  been  assured  that  the  senate  or  a  majority  of  it, 
were  in  favor  of  Judge  Woodvvorth,  again  nominated  him. 
The  propriety  of  confirming  this  nomination,  was  debated 
with  considerable  asperity  in  the  senate.  From  his  age 
and  standing  as  a  practicing  lawyer,  Mr.  Woodworth, 
one  would  think  ought  to  have  been  appointed  chief 
justice,  but  so  far  from  that,  it  was  with  great  difficulty 
and  by  a  small  majority,  that  the  senate  concurred  in  his 
appointment  as  the  youngest  associate  judge. 

The  legislature  on  the  13th  of  February,  nearly 
unanimously  appointed  John  Van  Ness  Yates,  secretary 
of  state,  William  L.  Marcy,  comptroller,  Simeon  De 
Witt,  surveyor  general,  and  Alexander  M.  Muir,  com- 
missary general.  The  selection  of  all  these  gentlemen 
had  been  before  made  in  caucus.  At  no  period  before  or 
since,  has  caucus  law  been  more  readily  acquiesced  in,  and 
more  promptly  enforced  than  the  present.  W^hatever 
were  the  bickerings  and  heat  manifested  before,  or  even 
at  the  caucus,  after  that  potent  assembly  had  decided,  no 
man  dared  scarce  whisper  a  complaint,  no  "  dog  moved 
his  tongue."  But  in  truth,  the  dominant  party  experi- 
enced very  little  difficulty  in  agreeing  in  caucus  to  support 
these  gentlemen.  There  was  no  controversy  excejit  in 
relation  to  the  office  of  surveyor  general  and  comptroller. 

Mr.  De  Wilt,  venerable  for  his  learninir  and  ;ige,  and 
.beloved  for  his  quiet  deportment  and  unostcnlatious  be- 
nevok-nce.  was  a  Clinlonian.  Un(!er  the  various  revolu- 
tions of  parties,  he  had  then  held  the  office  of  surveyor 
general  about  forty  years,  and  such  was  the  respect  felt 
tor  h!<?  character,  that  even  Judge  Skinner's  council  had 
t.oi  ventured  to  disturb  him.  On  this  occasion,  however, 
uit,  re-rtppointment  was  opposed  in  caucus  and  an  opposi- 


1823.]  OF    NEW-YORK.  115 

tion  candidate  named.  But  a  very  considerable  majority  of 
the  democratic  members  present,  much  to  their  credit,  re- 
fused to  sanction  the  claims  of  the  opposing  candidate. 
Mr.  De  Witt  was  therefore  re-appointed,  but  his  salary 
was  reduced. 

The  most,  and  indeed  the  only  serious  contest  in  cau- 
cus, was  in  relation  to  the  office  of  comptroller,  Mr.  Wil- 
liam L.  Marcy  and  GeneralJames  Tallmadge  being  the  ri- 
val candidates.  The  friends  of  Col.  Young  in  and  out 
of  the  legislature,  who,  by  the  bye,  were  still  known  as 
a  distinct  corps,  headed  by  Mr.  John  Cramer  of  the 
senate,  were  in  favor  of  Gen.  Tallmadge,  while  Gov. 
Yates,  and  his  friends  in  the  legislature,  were  for  Mr. 
Marcy.  Mr.  Van  Buren  was  then  at  Washington,  and  as 
far  as  he  could,  avoided  taking  any  part  in  the  strug- 
gle for  office  among  his  political  friends.  On  this  occa- 
sion, it  was  well  understood,  he  was  desirous  that  Mr. 
Marcy  should  be  appointed  in  preference  to  Mr.  Tall- 
madge. The  majority  in  caucus  for  Marcy  over  Tall- 
madge was  large.  We  shall  soon  see  Gen.  Tallmadge 
leading  off  a  portion  of  the  democratic  party  in  opposition 
.to  the  majority  of  that  party. 

The  late  convention  had  disabled  the  governor  from 
appointing  to  office  without  the  consent  of  the  senate,  ex- 
cept in  one  single  instance.  It  gave  to  the  governor  the 
sole  right  of  appointing  the  adjutant  general.  The  gov- 
ernor being  commander-in-chief  of  the  militia,  there  was, 
unquestionably,  great  propriety  in  permitting  him  to  select 
from  his  own  personal  observation  and  preference,  the  of- 
ficer who  was  to  represent  him  in  fixing  and  arranging  the 
details  in  respect  to  that  important  branch  of  his  official 
duty.  Governor  Yates  selected  for  that  office,  William 
K.  Fuller,  Esq.  of  Madison  county,  a  man  of  great  suavi- 
ty of  manner,  and  perfectly  amiable  in  his  disposition  and 


116  POLITICAL    HISTORY  [lb-^3. 

character,  though  apparently  quite  destitute  of  martial  airs 
and  propensities. 

The  appointments  which  under  the  new  constitution  it 
became  the  duty  of  the  governor  to  make,  such  as  county 
judges,  surrogates,  &c. 5  were  all  made  from  the  dominant 
party.  The  selections  were  generally  in  pursuance  of  re- 
commendations of  county  meetings,  composed  of  delegates 
chosen  by  the  respective  towns  in  each  county.  Whether 
they  were  good  or  bad,  the  governor  ought  not,  strictly 
speaking,  to  be  held  responsible,  when  it  is  considered 
that  according  to  the  law  of  party  which  then  prevailed, 
and  still  to  a  certain  extent  now  prevails,  it  is  the  duty  of 
the  executive  to  carry  into  effect  the  wishes  of  the  majori 
ty  of  his  political  friends,  when  their  voice  is  communica 
ted  to  him.  The  senate  was  more  rigid  in  the  execution 
of  the  law  of  party  than  even  the  governor.  I  give  the 
following  case  in  proof  of  this  allegation. 

For  the  convenience  of  the  banks,  it  had  been  usual  to 
appoint  a  notary  public  for  each  bank,  and  the  appointing 
power  I  believe  invariably  selected  such  person  for  that 
office,  as  was  recommended  by  the  board  of  directors,  in- 
asmuch as  he  was  in  some  degree  their  agent,  and  the 
bank  was  responsible  for  his  acts.  Either  the  cashier  or 
one  of  the  clerks  was,  so  far  as  I  am  aware,  in  all  cases 
selected  as  a  notary,  irrespective  of  his  political  opinions. 

Chester  Bulkley,  teller  of  the  State  Bank,  had  for  a 
long  time  been  the  notary  for  that  institution;  but  the 
amended  constitution  had  vacated  all  offices,  and  it  became 
necessary  that  he  should  be  re-appointed.  He  was  a  man 
of  irreproachable  morals  and  unexceptionable  character. 
The  governor  sent  in  his  name  to  the  senate,  and  they 
refused  to  concur  in  his  nominatio7i.  Though  less  of  a 
politician  than  a  theologian,  (for  he  was  a  deacon  or  elder 
in  the  Presbyterian  church,)  solely  on  the  ground  that  he 
differed  in  his  political  opinions  from  the  dominant  party, 


1823.]  OF    NEW- YORK.  117 

the  senate  rejected  his  nomination  for  the  petty  offi(;e  of  a 
notary  public  to  the  State  Bank  in  the  city  of  Albany. 

In  the  course  of  the  session  the  legislature  passed  a  law 
fixing  the  number  of  the  circuit  judges  at  eight,  being  one 
for  each  senatorial  district.  The  selection  of  these  impor- 
tant officers  was  a  matter  of  great  difficulty  as  well  as 
delicacy.  The  best  and  dearest  interests  of  community 
required  that  these  selections  should  be  made  judiciously, 
and  with  great  care  and  caution.  The  importance  and 
dignity  of  the  station,  rendered  the  appointment  to  the 
office  desirable  to  the  most  distinguished  lawyers  in  the 
respective  districts.  Soon  after  the  act  was  passed,  and 
in  the  latter  part  of  the  month  of  April,  the  governor 
nominated  to  the  senate  the  following  persons  for  circuit 
judges : 

For  the  First  circuit,  Ogden  Edwards, 
Samuel  R.  Betts, 
William  A.  Duer 
Reuben  H.  Walworth, 
Nathan  Williams, 
Samuel  Nelson, 
Enos  T.  Throop, 
William  B.  Rochester. 
These  appointments  were  generally  exceedingly  judi- 
cious.    I  believe  that  in  all  cases  the  expectation  of  the 
friends  of  the  respective  successful  candidates  were  fully 
realized.     The  act  fixing  the  number  and  compensation 
of  the  circuit  judges  was  passed  on  the  17th  April.     Im- 
mediately afterwards  the  governor  made  the  nominations, 
and  on  the  21st  April,  the  senate  confirmed  all  of  them. 

The  contest  or  collision  in  relation  to  these  appoint- 
ments, was  not  so  warm  as  might  have  been  anticipated. 
The  law  to  which  I  have  alluded,  was  a  long  time  on  its 
passage  through  the  two  houses,  and  in  the  mean  time 
public  opinion,  (I  mean  the  opinion   of  the  democratic 


Second, 

Third, 

Fourth, 

Fifth, 

Sixth, 

Seventh, 

Eighth, 

118  POLITICAL    HISTORY  [1^2:^. 

party,)  was  in  most  cases  so  distinctly  and  satisfactorily 
ascertained  that  it  is  probable  that  the  unsuccessful  com- 
petitors for  these  offices  perceived  that  it  would  be  worse 
than  useless  to  persist  in  pressing  their  claims.  The 
sharpest  contest  was  in  the  third  district.  Mr.  Ambrose 
L.  Jordan,  of  Hudson,  in  the  county  of  Columbia,  for- 
merly of  the  county  of  Otsego,  a  lawyer  of  respectable 
standing,  who  has  since  acquired  high  eminence  at  the 
bar,  and  who  had  been  uniformly  a  democrat,  was  the 
rival  candidate  of  Mr.  Duer.  His  appointment  was 
pressed  with  great  zeal  by  a  considerable  number  of  mem 
bers  of  the  legislature  and  other  influential  politicians. 
The  friends  of  Mr.  Jordan  resisted  the  appointment  of 
Mr.  Duer,  upon  the  ground  that  he  was  a  leader  of  the 
corps  of  highminded  federalists,  and  they  insisted  that 
none  of  these  gentlemen  ought  to  be  appointed  to  office. 
A  large  number  of  the  veterans  in  the  ranks  of  the  de- 
mocracy took  this  ground.  Self  interest  may  have  had 
some  share  in  stimulating  the  promulgation  of  this  doc- 
trine; for  it  was  not  difficult  for  the  most  stupid  to  per- 
ceive that  the  greater  the  number  of  those  who  were  ex- 
cluded from  any  share  in  the  state  patronage  should  be, 
the  larger  would  be  the  share  of  it  which  was  to  be  divid- 
ed among  the  remaining  members  of  the  dominant  party. 
On  the  other  hand  the  high  minded  men  and  their  friends 
claimed  that  they  had  done  much  to  bring  about  the  po- 
litical revolution  W'hich  had  resulted  in  the  prostration  of 
Gov.  Clinton,  and  they  insisted  on  receiving  some  share 
of  the  spoils  of  victory.  Mr.  Van  Buren,  although  at 
Washington  at  this  period  of  the  political  history  of  the 
state,  was  understood  to  be,  in  an  especial  manner,  the 
patron  of  the  high-minded  party,  and  he  was  supposed  to 
be  and  probably  was  favorable  to  the  appointment  of  Mr. 
Duer. 


1823.]  OF    NEW-YORK.  119 

Mr.  Jordan,  from  the  time  of  the  decision  of  this  quos- 
lion  by  the  aj)pointing  power,  has  been  the  steady  and 
uniform  opponent  of  Mr.  Van  Buren  and  the  parly  who 
supported  him. 

Richard  Riker  was  appointed  recorder  of  New-York. 
From  being  the  personal,  as  well  as  political  friend  of  De 
Witt  Clinton  from  the  year  1801,  down  to  1814,  when  by 
the  vote  of  Mr.  Townsend,  a  Clintonian  member  of  the 
council  of  appointment,  he  was  prevented  from  being  ap- 
pointed a  judge  of  the  supreme  court;  he  had  now  become 
a  most  bitter  and  inveterate  opponent. 

There  were  few,  if  any  other  appointments  made  during 
this  year,  which  require  notice.  The  governor  upon  the 
meeting  of  the  senate  as  a  court  for  the  correction  of 
errors,  by  proclamation,  convened  them  for  executive  bu- 
siness, but  no  important  appointments  were  made.  It  is 
not  impossible,  although  the  supposition  is  rather  unchari- 
table, that  this  call  of  the  senate  may  have  been  made  on 
ihe  suggestion  oi  some  of  the  senators  to  accommodate 
themselves  with  double  travelling  fees. 

The  proceedings  of  the  legislature  during  this  session, 
were  not  of  much  iinportance.  They  passed  no  general 
laws  deserving  notice,  except  such  as  were  absolutely  re- 
quired by  the  new  constitution.  The  fact  is,  if  we  speak 
of  this  senate  and  assembly  as  the  representatives  of  the 
great  state  of  New-York,  they  possessed  very  little  talent. 
I  have  already  mentioned  the  most  distinguished  members 
of  the  assembly;  some  of  them,  it  is  true,  Mr.  Flagg  for 
instance,  have  since  distinguished  themselves,  and  given 
evidence  of  considerable  capacity  as  statesmen;  but  such 
of  them  as  afterwards  afFord«d  those  demonstrations,  were 
then  young  and  inexperienced. 

The  senate,  speaking  of  it  as  it  ought  to  be,  a  selection 
of  thirty-two  of  the  wisest  and  most  patriotic  men  which 
the  empire  state  could  produce,  was  very  inferior  in  cha- 


120  POLITICAL    HISTORY  [1823. 

ratter.  Of  those  who  took  much  piirt  in  legislation,  Mr. 
Burt,  Mr.  Redfiflil,  Mr.  Clark,  xMr.  Bowne,  Mr.  Bronson, 
Mr.  Wheeler,  Mr.  Suydain,  Mr.  King,  Mr.  Edward  P. 
Livingston,  Mr.  Hunter  and  Mr.  Beardsley,  may  be  men- 
tioned as  the  most  active.  Mr.  Burt  has  been  several 
times  before  mentioned  in  the  course  of  tliese  memoirs. 
He  was  not  an  educated  man,  but  he  was  shrewd  and 
sagacious;  more  distinguished,  however,  as  a  managing 
partizan,  than  as  a  legislator.  Of  Mr.  Suydam,  I  have 
formerly  spoken.  Mr.  Cramer  of  Saratoga,  possessed 
considerable  talent, and  great  energy  of  mind;  but  he  was 
so  tenacious  in  the  pursuit  of  his  own  individual  projects, 
that  it  warped  and  injuriously  affected  all  his  political 
actions.  He  was  the  devoted  friend  of  Col.  Young,  and 
was  very  much  disappointed  and  chagrined  that  Mr.  Y.  was 
not  made  governor  instead  of  Mr.  Yates.  All  his  political 
movements  were  regulated  with  a  view  to  embarrass,  de- 
grade and  disgrace  the  governor,  in  the  hope  that  Mr 
Young  would  supplant  him. 

Of  Mr.  Bowne,  I  have  before   spoken.     He  was  the 
steady  friend    of   Van  Buren,  and  was  quite   indifferen 
about  the  fate  of  either  Gov.  Yates  or  Mr.  Young. 

Mr.  Bronson  was  a  shrewd,  sagacious  merciiant  from 
Oswego.  He  had  been  a  federalist,  and  still  was  pretty' 
strongly  imbued  with  what  may  be  called  federal  princi- 
ples; but  he  was  too  much  of  a  correct  business  man,  not 
to  fill  in  with,  and  carry  out  in  good  faith,  the  usages  and 
discipline  of  the  party  which  had  elected  him — so  far,  at 
any  rate,  as  the  distribution  of  the  state  patronage  was 
concerned. 

Mr.  ]''dward  P.  Livingstoft  was  a  man  of  grave  and 
dignified  appearance.  Every  word,  look,  and  action, 
evinced  family  pride,  and  liigh  aristocratic  feeling.  He 
possessed  a  sound  mind  and  judgment,  but  the  action  of 
his  intellectual  powers  was  dull  and  heavy. 


1823.]  OF     NEW-YORK.  121 

Mr.  Hunter,  too,  belonged,  by  education  and  associa- 
tion, to  the  North  River  aristocracy,  and  was  possessed  of 
great  wealth.  He  is,  however,  courteous  in  his  deport- 
ment, and  possesses  popular  manners.  His  talents  are 
respectable,  and  he  has  since  proved  himself  to  be  a  safe 
and  highly  useful  legislator.  He  does  not,  like  most  rich 
men,  claim  that  you  shall  admit  the  truth  of  his  reasoning 
because  he  is  rich,  but  because  he  is  right. 

Mr.  Samuel  Beardsley  had  never  before  belonged  to  a 
legislative  body.  He  was  the  youngest  member  of  the 
senate,  but,  although  he  was  the  youngest,  he  was  by  far 
the  most  efficient.  Though  it  M^as  not  then  generally 
acknowledged,  he  possessed  intellectual  powers  of  the 
highest  order,  which,  since,  as  a  member  of  congress,  and 
at  the  bar  of  our  superior  courts,  he  has  demonstrated  to 
the  entire  satisfaction  of  the  public.  As  a  member  of  the 
senate,  he  w^as  perfectly  honest  in  his  political  opinions; 
but  he  was  apartizan  of  the  most  rigid  stam.p;  at  the  same 
time,  it  is  proper  to  say,  he  was  kind,  courteous  and 
friendly  to  all  with  whom  he  associated,  of  whatever  sect 
or  parly. 

Gen.  Root,  the  president  of  the  senate,  has  already  oc- 
cupied so  large  a  space  in  these  sketches,  that  I  need  not 
speak  of  him.  It  is,  however,  proper  to  remark,  that  he 
possessed  a  very  powerful  influence  in  the  body  over 
which  he  presided  with  distinguished  ability,  and  that  his 
influence  in  the  legislature,  and  in  the  state,  never  was 
greater  than  it  was  at  this  time. 

In  the  early  part  of  this  winter,  Mr.  Cantine,  one  of  the 
editors  of  the  Argus  and  printer  to  the  state,  died,  and  on 
the  31st  of  March,  a  law  passed  both  houses,  appointing 
Edwin  Croswell  and  Isaac  Q.  Leake  state  printers.  Mr. 
Leake  was  a  man  of  some  literary  taste  and  of  respectable 
attainments.  He  was  fond  of  works  of  genius,  and  in- 
deed, I  have  been  told,  that  he  himself  wrote  poetry  with 


122  POLITICAL     HISTORY  flS'i!?. 

considerable  success.  lie  was,  however,  in  fecb!e  htallh, 
an:l  of  an  extreme  nervous  temperament ;  so  much  so,  as 
quite  unfitted  him  for  the  political  arena  of  Albany.  Mr. 
Croswell  was  tht  n  quite  young.  He  had  been  brought  up  a 
printer  at  Catskill,  and  he  came  from  that  village  to  Al- 
bany to  attend  the  funeral  of  his  former  neighbor  and 
friend,  Judge  Cantine.  While  at  Albany,  Mr.  B.  F.  But- 
ler, Judge  Duer,  and  other  friends  of  Mr.  Cantine,  and  of 
the  newspaper  of  which  he  had  been  the  senior  editor, 
umed  Mr.  Croswt-ll  to  reniain  a  while  with  them  to  take 
care  of  the  pecuniary  interest  of  his  deceased  friend,  so 
far  as  that  interest  was  connected  with  the  Albany  Argus, 
anfl  to  assist  in  the  editorial  management  of  the  paper. 
Mr.  Croswell  consented,  and  was  soon  persuaded  to  con- 
nect himself  with  Mr.  Leake  and  was,  as  I  have  just  sta- 
ted, during  the  session  of  that  winter,  appointed  one  of 
the  printers  to  the  stale.  The  situation  was  not  sought 
for  by  Mr.  Croswell.  Indeed,  I  have  reason  to  know  that 
he  accepted  it  with  great  hesitation  and  reluctance.  It 
required  him  to  hazard  heavy  pecuniary  responsibilitiesj 
and  the  duration  of  time  he  might  be  permitted  to 
hold  the  office  was,  like  that  of  all  other  offices  in  the 
state  ol  New-York,  held  at  the  pleasure  of  the  appoint- 
ing power,  extremely  uncertain.  Another  consideration 
which  operated  forcibly  upon  his  mind  was,  that  this 
change  of  his  position  would  render  it  necessary  for  him 
Id  abandon  the  management  of  a  mild  and  almost  neutral 
village  paper,  and  a  quiet  and  attractive  country  life,  and 
cast  himself  into  the  arena  of  party  contests;  and  to  as- 
sume the  responsibility  and  labors  of  conducting  the 
political  metropolitan  journal  in  the  state.  But  hav- 
ing taken  his  determination,  his  friends  were  soon  con- 
vinced that  they  hail  correctly  estimated  his  talents, 
and  their  anticipations  of  his  ability  and  usefulness  as 
an  editor,  were  more  than  realized.     It  seen  appeared 


1823.]  OF    NEW-YORK.  ]23 

that  the  Albany  Argus,  under  his  management,  was  a 
very  different  paper  from  that  which  it  had  been  i.nder 
his  predecessors.  Of  his  merits  or  demerits  as  a  wri- 
ter or  newspaper  editor,  I  do  not  mean  to  speiik,  fur- 
ther than  to  say,  that  he  iias  made  his  paper  a  true  organ 
of  the  party  whose  principles  it  proposed  to  represent. 
Cooi,  cautious  and  calculating,  Mr.  Croswell  has  never,  in 
the  course  of  the  long  warfare  he  has  conducted,  allowed 
himself  to  be  thrown  off  his  guard  by  friend  or  foe.  1 
doubt  much,  whether  the  United  States  can  furnish  an 
editor  of  more  and  better  tact  in  conducting  a  controver- 
sy, or  in  quieting  divisions  and  animosities  among  his  own 
political  friends,  than  Edwin  Croswell.  As  a  politician,  he 
may  have  placed  too  firm  a  reliance  upon  the  power  of  par- 
ty discipline,  but  this  is  an  error  common  to  his  leading 
political  friends,  not  even  excepting  from  them  i\Ir,  Van 
Buren.  They  seem  hardly  yet  to  have  realized,  thai  by  the 
abolition  of  the  council  of  appointment,  and  the  electing 
by  the  people  of  sheriffs,  clerks  and  justices  of  the 
peace,  the  C(^ntral  power  has  lost  the  means  of  reward- 
ing and  punishing,  without  which,  discipline  cannot  be 
maintained.  Is  it  immoral  for  an  editor  to  permit  his  pa- 
per to  be  the  organ  of  a  political  party  1  Certainly  not,  if 
we  in  the  exercise  of  common  charity  allow  him  to  be 
honest  in  his  belief,  that  the  success  of  the  party  to  which 
he  devotes  his  paper,  will  better  advance  the  prosperity 
of  the  country  than  that  of  the  adverse  party. 

Early  in  the  session,  Mr.  Morse,  from  New- York,  offer- 
ed, in  the  assembly,  the  following  resolution,  which  was 
adopted: 

^^JResclved,  (if  the  honorable  the  senate  concur  herein,) 
That  the  practice  of  addressing  the  governor  by  the  title 
of  his  excellency;  and  the  senate  and  assembly,  the 
members  and  officers  thereof,  and  several  other  officers  of 
the  government,  by  the  title  of  honorable,  be  discontinu- 


124 


POLITICAL     HISTORY 


[1823. 


eel  and  abolished,  as  incompatible  with  the  republican 
form  anil  principles  of  the  constitution." 

The  next  day  after  the  passage  of  this  resolution.  Gen. 
McCIure,  from  Steuben  county,  moved  to  re-consider  it 
on  the  ground  that  it  would  be  uncourteous,  and  render 
the  state  authorities  ridiculous  in  the  eyes  of  citizens  of 
the  neiffhboring  states.  The  motion  for  re-consideration 
was  seconded  and  supported  by  Mr.  Birdseye,  from  On- 
ondaga, and  Mr.  Holdridge,  from  Columbia,  and  was  car- 
ried by  a  large  majority.  For  my  part  I  can  not  "6ut 
think  that  Mr.  Morse  was  right  and  the  majority  wrong 
Those  empty  titles  of  "  excellency"  and  "honorable" 
seem  to  me  to  be  unsuitable  to  the  genius  of  our  civil  and 
social  institutions.  What  is  a  governor,  a  judge,  or  a 
member  of  the  legislature  but  a  mere  agent,  a  servant  of 
ihe  people?  Why  should  he  be  "  hung  o'er  with  titles 
and  strung  round  with  strings"?  The  great  number  of 
men  among  us  who  claim  the  title  of  "  excellency"  and 
"  honorable"  has  already  exposed  us  to  the  ridicule  of 
foreigners.  It  is  to  be  sure  a  mere  matter  of  taste,  but  in 
my  judgment  it  is  bad  taste.  The  names  of  Caesar,  Bru- 
tus, Scipio,  Cicero,  &c.  require  no  addition  of  title  to 
couunand  our  respect  and  admiration.  Is  our  veneration 
for  t!ie  memory  of  George  Washington  increased  by  ad 
ding  to  his  name  the  title  of  his  excellency  1  Would  our 
respect  for  Brutus  be  increased  if,  when  he  was  recalled 
to  our  recollection,  he  should  be  denominated  the  honora- 
ble Marcus  Brutus,  or  should  we  admire  Cicero  more  than 
we  now  do,  if,  in  speaking  of  him,  historians  should  not 
name  him  without  the  adilition  of  his  excellency  Marcus 
Tullius  Cicero? 

A  great  question,  during  this  winter,  began  to  agitate 
the  public  mind,  which,  in  one  short  year,  broke  into  frag- 
ments that  formidable  party,  which  now  ruled  without  the 
least  possible  check,  the  state  of  New-York. 


ifr 


1823.]  OF   NEW-YORK.  125 

Mr.  Monroe  commenced  his  secoi  d  and  last  term  of 
the  presidency  on  the  4th  March,  1821,  and  so  early  as 
the  winter  of  1822,  the  National  Intelligencer  complain- 
ed that,  although  he  had  then  more  than  three  years  to 
serve,  the  question  as  to  who  his  successor  should  be,  al- 
ready occupied  most  intensely  the  minds  of  politicians  at 
Washington,  disturbed  legislation  and  embarrassed  the 
action  of  congress.  It  was  not  in  the  nature  of  man  that 
this  excitement  should  diminish.  It  did  notj  but  on  the 
contrary  steadily  increased. 

There  seemed  not  to  be,  at  this  time,  any  question  of 
measures,  about  which  the  nation  was  divided.  The 
policy  of  protecting  American  industry  by  a  slight  duty 
on  foreign  importations,  was  adopted  in  1816,  as  well 
by  the  support  and  votes  of  Mr.  Lowndes  and  Mr.  Cal 
houn  of  South-Carolina,  and  Mr.  Tucker  and  Mr.  Newton 
of  Virginia,  Mr.  Forsyth  of  Georgia,  and  other  southern 
gentlemen,  as  by  Mr.  Clay  and  the  members  from  New 
York,  New-Jersey,  and  Pennsylvania.  Mr.  Webster,  and 
a  large  portion  of  the  representatives  from  New-England, 
were,  in  1816,  opposed  to  protecting  duties.  The  south, 
in  1823,  had  not,  as  a  body,  taken  ground  against  a  tariff, 
■either  as  unconstitutional,  or,  indeed,  inexpedient.  Of 
the  several  candidates  spoken  of  for  president,  none  were 
supported  or  opposed  on  account  of  any  particular  mea- 
sures which  they  respectively  advocated  or  condemned. 
The  question  about  the  selection  of  a  candidate,  was,  in 
fact,  personal,  not  political;  but  this  circumstance,  instead 
of  rendering  it  less,  caused  it  to  be  more  exciting.  The 
names  of  many  gentlemen  were  mentioned  as  candidates, 
but  the  number  gradually  diminished,  until  the  contest 
finally  seemed  to  be  confined  to  William  H.  Crawford, 
secretary  of  the  treasury;  John  Quincy  Adams,  secretary  of 
state;  Henry  Clay,  speaker  of  the  house  of  representatives; 
John  C.  Calhoun,  secretary  of  war;  and  Gen.  Andrew 


126  POLITICAL    HISTORY  [1823 

Jackson,  at  that  time,  I  believe,  a  private  citizen.  Of  the 
peculiar  and  distinctive  traits  of  character  of  these  five 
men,  I  need  not  speak.  They  have  been  long  well  known 
to  every  intelligent  reader.  It  is,  however,  proper  to  say, 
that  each  of  them,  during  the  war  with  Great  Britain,  were 
ardent  and  efficient  supporters  of  Mr.  Madison's  adminis- 
tration, and  zealous  members  of  the  national  democratic 
party.  Mr.  Calhoun  was  the  youngest  of  the  five,  but 
he  had  been  long  eminently  distinguished  in  the  service  of 
the  nation.  His  profound  acquaintance  with  the  princi- 
ples of  the  government,  and  genius  of  the  constitution;  his 
wonderful  powers  of  mind,  and  his  energy  of  character, 
were  well  known.  At  the  head  of  the  war  department  in 
a  lime  of  profound  peace,  he  impressed  his  genius  on  all 
its  operations,  and  never  before,  nor  since,  has  the  influence 
of  that  branch  of  the  executive  government  been  so  efl'ect- 
ive,  or  so  much  felt,  as  when  Mr.  Calhoun  presided  over 
it.  His  bold  and  enterprising  mind  could  not  fail  to  ex- 
cite universal  admiration,  particularly  among  the  young 
mon  in  the  nation.  And  I  could  not  but  remark,  when  the 
presidential  question  was  first  agitated,  that  scarcely  could 
be  found  an  enterprising  young  man  for  whom  Calhoun 
was  not  his  favorite  candidate.  It  was  known  South-Ca- 
rolina would  be  for  Mr.  Calhoun,  and  it  was  supposed 
that  Pennsylvania  and  several  of  the  south-western  states 
preferred  him  to  any  other  man.  Mr.  Clay's  friends  con  • 
sisted  of,  I  presume,  a  majority  of  the  old  republican 
raembers  of  congress  in  the  different  states  of  the  union, 
and  a  very  large  majority  of  the  people  of  the  western 
states.  Few  men  ever  lived  who  possessed,  by  dint  of 
peivonal  addriss,  greater  power  over  the  human  mind 
than  Henry  Clay;  and  it  was  probably  more  owing  to  Lis 
fascinating  social  qualities,  than  to  his  great  and  unrivalleil 
pcTers  wb  an  orator,  that  so  many  of  his  old  congrcssion&l 
associates  and  acquaintance  adhered  to  him. 


L 


1823.]  OF  NEW-YORK.  127 

When  Gen.  Jackson  was  first  announced  as  a  candidate, 
it  was  not  known  nor  scarcely  anticipated  that  he  would 
receive  the  support  of  more  than  one  state — Tennessee — 
but  discerning  and  thinking  men  soon  perceived  that  his 
military  achievements  had  given  him  a  hold  on  the  affec- 
tions of  the  people,  which  rendered  him  a  formidable 
competitorj  it  was  however  long  before  any  considerable 
number  of  politicians  of  standing  and  influence  declared 
themselves  in  his  favor.  De  Witt  Clinton  was  the  first 
eminent  man  at  the  north  who  announced  a  determination 
to  support  him. 

A  large  majority  of  the  republicans  of  New-England, 
and  a  considerable  portion  of  the  same  party  in  the  other 
northern  and  in  the  middle  states,  were  for  John  Quincy 
Adams.  In  this  state,  to  me,  it  is  not  improbable  that  a 
majority  of  the  democratic  party  were  at  heart  in  favor 
of  Mr.  Adams.  They  considered  that  he  had,  from  the 
time  of  the  embargo,  in  the  year  1807,  down  to  the  peri- 
od about  which  I  am  now  writing,  uniformly  support- 
ed the  democratic  party  in  the  nation,  in  opposition  to 
a  majority  of  his  old  friends  in  New-England  and  even 
in  his  own  state  of  Massachusetts.  They  were  tired  too 
of  defending  themselves  against  the  charge  of  supporting 
southern  men,  to  the  prejudice  of  the  northern  section  of 
the  union,  and  they  v/ere  anxious  to  be  relieved  from  that 
reproach.  Another  consideration  probably  had  an  effect 
on  the  minds  of  some  republicans  who  were  bitterly  hos- 
tile to  Mr.  Clinton.  They  considered  Mr.  Adams  the 
natural  rival,  at  the  north,  of  Mr.  Clinton,  and  they  be- 
lieved, if  the  former  could  be  elected  president,  it  would 
forever  put  at  rest  the  claims  of  the  latter.  But  the  lead- 
ing politicians  of  the  dominant  party  reasoned  differently. 
They  believed  that  the  most  advantageous  ally  of  New- 
York  was  Virginia,  who,  they  supposed,  would  ultimately 
control  the  great, — the  compact  south.     They  thought,  too. 


128  POLITICAL     HISTORY  [18-23 

that  the  election  of  either  Adams,  Clay,  Calhoun  or  Jack- 
son, and  especially  the  election  of  Adams,  would  lead  to 
an  amalgamation  of  parties,  an  event  they  most  cordially 
deprecated;  and  therefore  it  was,  that  Air.  Van  Buren, 
Gen.  Rootj  Mr.  Ueardsley,  and  other  leading  and  influen- 
tial men  of  the  democratic  party,  supported  Mr.  Crawford, 
who,  it  was  well  known,  would  be  sustained  by  Virginia, 
Geonna,  and,  it  was  believed,  most  of  the  southern  de- 
mocracy; and  they  judged,  and  I  have  no  doubt  correctly 
judged,  that  a  majority  of  the  leading  and  influential 
democrats  in  the  union  concurred  in  the  policy  of  support- 
in""  Mr.  Crawford. 

Mr.  Crawford  was,  I  have  no  doubt,  at  this  period, 
much  the  strongest  candidate  in  the  nation.  As  one  very 
decisive  evidt-nce  of  this,  all  the  other  candidates  and 
their  respective  friends,  though  opposed  to  each  other, 
united  in  their  opposition  to  Mr.  Crawford.  The  first 
demonstration  of  this  union  was  an  opposition  of  all  the 
friends  of  the  four  candidates  in  congress,  against  a  con- 
gressional caucus  to  nominate  a  president — a  measure 
which  was  advocated  by  the  friends  of  Crawford. 

This  state  of  things  alarmed  the  leaders  of  the  demo- 
cratic party  at  Albany,  who  now  were  known  by  the  ap- 
pellation of  the  Albany  Regency.  Adams,  Jackson,  Cal- 
houn and  Clay,  as  well  as  Crawford,  had  each  many  ar- 
dent friends  in  the  democratic  party.  Mr.  Clinton  was  so 
effectually  prostrated  that  the  fear  of  his  success  could  no 
longer  be  used  to,  as  it  were,  force  a  union  of  action 
among  his  old  opponents.  In  this  emergency,  a  legisla- 
tive caucus  was  called  at  the  capitol  on  the  22d  April,  at 
which  Walter  Bowne  was  appointed  chairman,  and  James 
MuUett,  Jun.,  of  Chautauqua,  secretary.  Root,  Red- 
6eld,  Dudley,  P.  R.  Livingston,  Gardner,  Goodell,  Birds- 
eye  and  Wager  were  appointed  a  committee  to  draft  reso- 
lutions.    Tlie  meeting  finally  resolved  that  a  congression- 


1823.] 


OF    NEW-YORK, 


129 


a!  caucus  for  the  nomination  of  a  president  ouglit  to  be 
hekl,  and  that  such  nomination  ought  to  be  supported. 
The  proceedings  of  this  meeting  were  forwarded  to  Wash- 
ington, but  failed  of  producing  the  desired  effect.  A 
majority  of  the  democratic  members  of  congress  decided 
against  a  caucus.  This  decision,  as  I  have  before  re- 
marked, was  produced  by  an  union  of  the  friends  of  Ad- 
ams, Clay,  Calhoun  and  Jackson,  in  opposition  to  the 
friends  of  Mr.  Crawford. 

The  difference  of  opinion  in  respect  to  the  selection  of 
a  successor  to  Mr.  Monroe,  was  not  confined  to  politicians, 
or  to  the  leaders  of  the  democratic  party  in  the  state  of 
New-York.  It  existed  among  the  people,  and  particularly 
among  those  who  belonged  to  the  democratic  party.  The 
conducfors  of  republican  newspapers,  located  in  various 
parts  of  the  state,  differed  in  their  views;  and  although 
most  of  them  were  extremely  cautious  about  committing 
themselves,  it  was  evident  from  their  tone  that  differences 
existed  among  them. 

In  the  city  of  New- York,  a  schism  broke  out  which  was 
not  anticipated,  but  which  produced,  for  a  time,  a  total 
disruption  of  all  political  organization  in  that  city. 

Maj.  M.  M.  Noah,  a  man  of  wit  and  talents,  who  for 
several  years  past  had  been  editor  of  the  National  Ad- 
vocate, which  claimed  to  be  the  only  true  republican  paper 
in  the  city,  notwithstanding  the  existence  of  the  New- 
York  American,  conducted  by  Mr.  Charles  King,  had  been, 
by  Mr.  Skinner's  council,  made  sheriff  of  the  city  and  county 
of  New- York.  He  had  also  applied  for  some  share  in  the 
state  priming,  or  rathei  to  have  a  law  passed  directing 
that  a  portion  of  the  legal  notices,  which  by  law  were  re- 
quired to  be  published  in  the  state  paper,  should  be  pub- 
lished in  his  paper,  and  in  this  application  he  was  unsuc- 
cessful. His  ill-success  led  him  to  complain  of  the  bad 
faith  of  some  of  the  leading  democrats  in  New- York,  and 


130  POLITICAL    HISTORY  [18-23. 

the  dictatorial  tone  which  he  assumed,  drew  upon  him  the 
hostility  of  Messrs.  Sharpe,Ulshoeffer,  Romaine,  Pierson, 
and  other  powerful  men  in  the  democratic  ranks.  The  con- 
sequence was,  that  although  he  was  regularly  nominated  to 
be  supported  at  an  election  of  sheriff  in  New-York,  so 
many  of  his  old  democratic  friends  opposed  him  that  he 
was  defeated.  The  New-York  American  took  decided 
ground  against  him.  Early  in  the  summer,  that  paper  an- 
nounced its  preference  for  Mr.  Adaras  as  the  next  presi- 
dent. Mr.  Noah,  in  the  National  Advocate,  came  out 
warmly  in  favor  of  Mr.  Crawford,  and  denounced  all  per- 
sons as  traitors  to  the  democratic  cause  who  opposed  him. 

In  this  state  of  things,  a  new  paper  was  established  in 
New-York,  called  the  New-York  Patriot,  which  was  put 
under  the  management  of  Charles  K.  Gardner,  who  had 
during  the  war  been  aid  to  Gen.  Brown,  and  who,  until 
recently,  has  been  one  of  the  assistant  post  master  gene- 
rals. The  object  of  this  paper  was  not  apparently  to 
support  any  individual  of  the  several  presidential  candi- 
dates, but  to  oppose  the  election  of  Mr.  Crawford. 

Mr.  Henry  Wheaton,  formerly  the  editor  of  the  Na- 
tional Advocate,  and  now  on  a  foreign  mission,  was  osten- 
.Mbly  the  most  efficient  agent  in  the  establishment  of  this 
periodical;  but  I  have  reason  to  believe  that  Mr.  Calhoun's 
influence  was  exerted  in  getting  up  its  publication. 

Eut,  notwithstanding  all  these  efforts  which  were  being 
made  to  produce,  and  which  in  fact  were  producing  an 
impression  among  the  people  unfavorable  to  the  election 
of  Mr.  Crawford;  experienced  men  apprehended  that  if 
the  election  of  the  members  of  the  next  legislature  was 
conducted  in  the  usual  way,  an  influence  would  be  exerted 
on  that  body,  which  no  man  knew  how  to  wield  better  than 
Mr.  Van  13uren,  through  the  Albany  Regency,  which 
would  result  in  the  choice  of  presidential  electors  who 
A-ould  vote  for  Mr.  Crawford;  for  it  must  not  be  forgot- 


1S23.]  OF    NEW-YORK.  131 

ten,  that  at  that  time  the  electors  were  chosen  by  the  le- 
gislature. 

With  a  view  to  guard  against  such  a  result,  it  was 
urged  that  the  electors  ought  to  be  chosen  by  the  people. 
"  If  the  majority  of  the  people  are  for  Mr.  Crawford,"  said 
his  opponents,  "  we  cheerfully  acquiesce  in  their  determina- 
tion; if  not,  let  their  will  be  carried  into  execution."  This 
plan  was  formed  by  a  citizen  of  Albany,  whose  name  has 
never  been  mentioned,  but  who  communicated  it  to  Mr. 
Wheaton,  of  New-York,  and  immediately  the  New-York 
Patriot  took  strong  ground  in  favor  of  the  measure.  The 
Clintonian  party  had  heretofore  maintained  a  neutral  at- 
titude in  respect  to  the  presidential  candidates,  but  they 
instantly  took  ground  in  favor  of  this  measure  and  declar- 
ed their  readiness  to  supp'ort  any  candidate  for  a  member 
of  the  legislature  who  would  avow  himself  in  favor  of 
giving  to  the  people  the  right  of  appointing  the  presi- 
dential electors.  The  proposition  was  so  well  and  favor- 
ably received  by  the  people,  that  no  candidate,  however 
regularly  nominated  by  a  democratic  caucus,  dared  avow 
his  opposition  to  the  measure.  Many  of  them  were  re- 
quired publicly  to  pledge  themselves,  if  elected,  to  vote 
for  the  proposed  law,  and  I  have  now  before  me  a  country 
paper,  (the  Cherry  Valley  Gazette,)  of  November,  1823, 
which  alleges  that  seventy-five  of  the  m.embers  elect  to 
the  assembly,  had,  before  the  election,  actually  pledged 
their  word  to  vote  for  an  electoral  law. 

The  Clintonian  party  were  probably  as  much  divided 
in  opinion,  as  to  the  individual  who  ought  to  be  the  next 
president,  as  were  the  members  of  the  democratic  party; 
but  the  former  class  of  politicians  were  ready,  most  evi- 
dently, to  unite  in  any  scheme  which  would  prostrate  the 
Albany  Regency  and  the  democratic  party. 

The  democratic  opponents  of  Mr.  Crawford,  of  a  con- 
gressional caucus,  of  Van  Buren  and  the  Albany  Regency 


132  POLITICAL    HISTORY  [1823. 

assumed  to  themselves  the  name  of  the  People's  Party, 
and  in  counties  where  they  believed  they  had  sufficient 
strength  to  elect  their  candidates,  they  made  nominations 
in  opposition  to  the  regular  democratic  candidates,  under 
that  cognomen.  The  people's  party  denominated  that 
portion  of  the  democratic  party  which  supported  Mr 
Crawford,  the  Regency  party. 

In  the  city  of  New-York,  a  people's  ticket  for  assembly, 
of  which  Henry  Wheaton  stood  at  the  head,  was  nomina- 
ted and  elected.  In  the  first  senate  district,  David  Gard- 
ner, a  member  of  the  people's  party,  was  chosen.  In 
Dutchess  county.  Gen.  Tallmadge  was  nominated  by  the 
same  party,  and  elected  by  a  large  majority.  In  Mont- 
gomery, Henry  Cunningham;  in  Schenectady,  Isaac  Riggs, 
and  in  Washington,  John  Crary  and  Ezra  Smith,  were 
self-nominated  candidates,  and  all  of  them  triumphantly 
sustained  by  the  people.  The  majority  in  each  of  those 
counties,  for  the  self-nominated  candidates,  w^as  very  great 
These  developments  indicated  that,  if  the  dominant  party 
was  not  broken  up,  its  dissolution  was  rapidly  approach- 
ing. 

In  the  senate,  the  following  changes  took  place.  In 
the  first  district,  Mr.  Gardner  was  elected,  in  place  of  Mr. 
King;  in  the  second,  William  Nelson,  in  place  of  Mr. 
Hunter;  in  the  third,  Jacob  Haight,  in  place  of  Judge 
Sutherland;  in  the  fourth,  Silas  Wright,  Jun.,  in  lieu  of 
Mr.  Ervvin;  in  the  fifth,  Parley  Keyes,  in  place  of  Samuel 
Beardsley,  who  was  appointed  United  States  district  attor- 
ney; in  the  sixth,  Latham  A.  Burrows,  in  place  of  Gene- 
ral Hathaway;  in  the  seventh,  Jedediah  Morgan,  in  place 
of  Mr.  Bowkcr;  and  in  the  eighth,  John  Bowman,  in 
place  of  Mr.  Porter. 

Messrs.  Gardner,  Nelson,  Haight  and  Burrows,  though 
not  all  of  them  elected  as  such,  subsequently  acted  with 
the  people's  party. 


1823.]  OF    NEW-YORK.  133 

Chancellor  Kent's  term  of  service  expired  in  the  month 
of  July.  On  that  occasion,  the  members  of  the  bar  of 
the  city  of  New- York,  held  a  meeting,  at  which  the  vene- 
rable Richard  Harrison  presided,  and  William  Johnson, 
the  reporter,  was  secretary.  Resolutions,  on  the  motion 
of  Mr,  Emmet,  were  adopted,  highly  complimentary  to 
the  official  character  and  services  of  the  Chancellor;  and 
Messrs,  Emmet,  John  Wells,  Samuel  Jones  and  Boyd, 
were  appointed  to  draft  an  address  to  him,  which  was 
unanimously  adopted.  The  address  was  so  excellent,  and 
what,  on  these  occasions  is  too  unusual,  so  strictly  just 
and  in  conformity  to  truth,  that  I  cannot  deny  myself  the 
pleasure  of  transcribing  it : 

"To  James  Kent,  Chancellor  of  the  State  of  Mew- York. 

"Sir, — The  gentlemen  of  the  bar  of  this  city,  sensible 
of  the  inestimable  benefits  which  your  judicial  labors  have 
conferred  on  the  community,  and  with  hearts  touched  by 
he  affectionate  language  in  which  you  announced  the 
close  of  your  last  term,  cannot  refrain  at  the  moment 
when,  by  the  constitution,  your  official  duties  are  to  cease, 
from  expressing  their  deep  regret  at  the  event,  and  offer- 
ing to  you  the  tribute  of  their  sincere  respect  and  esteem. 
They  might,  perhaps,  on  this  occasion,  at  least,  be  excused 
for  doubting  the  wisdom  of  that  constitutional  provision 
that  compels  you,  in  the  full  enjoyment  of  your  intel- 
lectual faculties,  to  relinquish  a  station  you  have  filled 
with  consummate  ability,  and  with  the  greatest  honor  and 
advantage  to  the  state. 

"  It  is,  now,  five  and  twenty  years  since  you  accepted  a 
seat  on  the  bench  of  the  supreme  court,  and  where  you, 
afterwards  presided,  more  than  ten  years,  before  your  ap- 
pointment to  that  court  in  which  for  an  almost  equal 
period,  your  administration  of  equity  has  shed  a  new  lus- 
tre on  that   bench  of  legal  science,  without  which,  we 


134  POLITICAL    HISTORY  [  IS'23. 

think,  no  system  of  jurisprudence  can  be  complete,  or  llie 
obligations  of  justice  etfcctually  enforced. 

"  During  this  long  course  of  services,  so  useful  and 
honorable,  and  which  will  form  the  most  brilliant  period 
in  our  juridical  history,  you  have  by  a  series  of  decisions, 
in  law  and  equity,  distinguished  alike  for  practical  wis- 
dom, profound  learning,  deep  research,  and  accurate  dis- 
crimination, contributed  to  establish  the  fabric  of  our 
jurisprudence  on  those  sountl  principles  that  have  been 
sanctioned  by  tlie  experience  of  mankind,  and  expounded 
by  the  venerable  and  enlightened  sages  of  the  law. 
Though  others  may  hereafter  enlarge  and  adorn  the  eili- 
fioe  whose  deep  and  solid  foundations  were  laid  by  the 
wise  and  patriotic  framers  of  our  government,  in  that 
common  law,  which  they  claimed  for  the  people  as  their 
noblest  inheritance,  your  labors  on  this  magnificent  struc- 
ture will  forever  remain  eminently  conspicuous,  command- 
Yig  the  applause  of  the  present  generation  and  exciting 
.he  admiration  and  gratitude  of  future  ages, 

"  The  industry  and  zeal  with  which  you  have  applied  all 
the  eneroies  and  resources  of  an  active  and  vigorous  mind 
to  the  discharge  of  the  arduous  and  increasing  duties  of 
your  station,  have  been  felt  and  acknowledged  by  the  bar, 
and  by  all  who  are  interested  in  the  faithful  and  impartial 
administration  of  justice.  The  simplicity  and  candor  of 
your  deportment  have  rendered  the  performance  of  our  pro- 
fessional duties  at  all  times  easy  and  pleasant,  whilst  the 
promptness  of  your  decisions  has  removed  all  cause  of 
complaint  among  suitors,  who  have  learned  wuth  surprise, 
that  controversies  the  most  intricate  and  perplexed,  may 
be  brought  to  a  conclusion  in  a  court  of  chancery,  with 
as  little  delay,  as  an  ordinary  suit  at  common  law.  Not 
only  have  the  merits  of  every  case  been  carefully  investi- 
gated and  attentively  considered,  but  no  pains  have  been 
spared  by  you,  in  explaining  the  reasons  of  every  decision: 


l?2y.|  OF     NEAV-VORK.  135 

And  judicial  opinions,  the  most  luminous  and  leained, 
have  instrucled  the  experiencedj  as  ■well  as  the  young  of 
that  profession  which  you  have  adorned  by  your  talents 
and  virtues. 

"Accept,  sir,  our  most  cordial  wishes  for  your  future 
prosperity  and  happiness.  May  you  long  live  to  enjoy 
your  exalted  and  well  earned  reputation,  and  tliose  sooth- 
ing reflections  which,  to  a  pure  and  virtuous  mind,  afford 
the  richest  recompense  for  so  many  years  of  a  life  devoted 
to  the  upright  and  conscientious  administration  of  justice, 
and  to  the  best  Interest  of  your  native  state. 

''Kew-York,  July  2Sth,  1823." 

What  higher  gratification  can  be  afforded  to  a  cultiva- 
ted and  elevated  mind,  than,  on  retiring  from  an  higlily 
responsible,  laborious  and  dignified  office,  to  receive,  and 
be  conscious  of  having  merited,  the  plaudits  of  all  the 
wise,  the  good,  and  virtuous  In  the  community  1 

Alas  !  John  Wells,  one  of  the  most  eminent  and  distin- 
guished members  of  the  committee  who  addressed  Chan- 
cellor Kent,  and  who,  I  presume,  drew  the  address,  by  a 
mysterious  Providence,  after  three  days'  Illness,  died  on 
the  7th  of  September  following.  He,  too,  had  established 
a  reputation  the  most  enviable,  by  his  merits  as  a  citizen 
and  his  skill,  integrity  and  splendid  talents  as  a  lawyer, 
entirely  independent  of  his  character  and  standing  as  a 
politician.* 

'  I  find  in  the  American  Monthly  Magazine  of  March,  1838,  an  interesting  sketch 
of  the  life  of  Mr.  Wells,  written  by  William  W.  Campbell,  now  of  the  city  of 
New-Yoik,  author  of  the  Annals  of  Tryon  County,  a  book  containing  much  valu- 
able and  useful  information.  '•'  In  the  profession  of  the  law,"  says  Mr.  Camp- 
bell in  his  memoir  of  the  late  John  Wells,  "  it  is  well  known  that  the  eioqueut 
advocate,  who  confines  himself  strictly  to  the  discharge  of  his  professional  du- 
ties, leaves  few  traces  of  his  talents  when  he  is  no  more.  His  eloquence  m&y  be 
remembered  by  those  who  were  his  companions  at  the  bar,  and  who  may  have 
listened  to  his  impassioned  efforts  ;  but  the  remembrance  often  passes  away  with 
•.he  memory  of  those  companions,  and  thus  perishes  with  the  frail  record  upon 
which  it  is  written. 

"  John  Wells  was  born  in  Cherry  Valley,  in  Otsego  county,  in  the  year  1770. 
The  precise  period  of  his  birth  is  not  known,  in  consequence  of  the  entire  de- 


136  POLITICAL  HISTORY  [182;.J. 

Similar  meetings  of  the  members  of  tbo  bar.  were  held 
at  Albany  and  Utica,  for  the  purpose  of  manilVsling  their 
approbation  and  respect  for  the  services,  talents. and  char- 
acter of  Chancellor  Kent. 

Brockholst  Livingston,  an  associate  judge  of  the  su- 
preme court  of  the  United  States,  died  this  year.  He 
possessed  an  intellect  of  the  highest  ordtr.  and  was  an 
able  lawyer. 

Several  distinguished  lawyers  from  this  state,  were  an- 
nounced as  candidates  for  the  office  which  had   become 


slruction  of  his  family  wliilo  h"  w;is  yet  voiinj;.  In  1741,.  tliR  R'^verpiid  Sartmel 
Dunlop,  tlie  niateroal  grand-luther  of  Mr.  Wells,  with  a  small  colony  of  Scotch 
and  Irish  eiuii;rants,  pcnetiated  by  the  way  of  the  Mohawk  valley  into  the  interior 
of  this  stale,  and  made  a  settlement  upon  a  branch  of  the  head-waiers  of  the 
Susquehanna,  and  gave  it  the  name  above  mentioned. 

"  They  were  joined  in  1714  by  John  Wells,  the  paternal  grandfather.  At  that 
time  Cherry  Valley  was  the  extreme  verge  of  civilization.  South  and  west  ex- 
tended the  far  unbroken  wilderness  in  all  its  freshness  and  majesty.  A  few  Ger- 
man families  were  scattered  along  the  vaiU-y  of  tlie  .Mohawk  ;  but  the  Mohawk 
tribe  of  Indians,  that  tribe  wlio  were  emphatically  the  Romans  of  liir  North 
Anierican  .Aiborigiiies,  and  who  gave  their  name  to  the  beautiful  river  upon  wlnKse 
banks  they  dwell,  were  >lill  there — still  guarding  the  graves,  and  roaminu  over 
the  hunting-grounds  of  tlieir  ancestors.  Mrs.  Grant,  in  her  memoirs  of  an  Ame- 
rican lady,  has  given  an  interesting  account  of  a  voyage  up  the  Mohawk  in  early 
times.  It  was  ni'arly  thirty  years  after  its  ascent  by  the  little  jiariy  who  settled 
Cherry  Valley  ;  but  settlements  were  not  advanced  then  with  the  rail-road  rapi- 
dity of  our  day,  and  the  valley  of  the  .Mohawk  still  possessed  much  of  its  origi- 
nal freshness  and  primitive  beauty. 

'■  It  would  be  inierestiiig  to  pause  here,  and  consider  the  changes  that  the  cen- 
tury, which  has  now  almost  elapsiid,  has  produced.  Tlie  Moliawks,  with  ihe 
confederated  tribes,  the  Six  Nations,  have  almost  disappe;:rcd  ;  and  ihe  then 
wilderness  has  budded  and  blossomed  under  the  losiering  care  and  industry  of 
the  millions  of  w:  ite  men  who  have  succeeded  them. 

"Among  ilie  first  buildings  erected  in  the  liitle  colony  of  Cherry  Viilley  was  a 
small  church  built  of  logs,  and  here  the  Rev.  Mr.  Dunlop,  the  maiern.al  grand- 
father of  Mr.  Wells,  first  raised  tlie  standard  of  the  cross  amid  the  toils  and  pri- 
vations incident  to  a  nc-.v  settlement.  John  Wells,  senior,  was  appointed  the  first 
ju-tice  of  the  peace;  and,  as  one  of  the  justices  of  the  quorum,  was  associated 
and  intimate  with  the  celebrated  Sir  William  Johnson. 

"His  eldesi  >on,  Robert  Wells,  married  a  daughter  of  Mr.  Dunlop;  and  o!  this 
marriage  was  Jolia  Wells,  the  subj'-ct  of  this  sketch,  born  in  1770,  as  beforemen- 
tioi;ed.  At  the  limo  of  his  birth  ll.e  elements  of  discord  were  in  motion.  Oppo- 
sition to  the  motlicr  country  was  ttien  gaining  force  with  all  c;asscs  of  society, 
and  tlie  dec  ded  and  uncompromising  tone  in  which  the  riglils  of  the  country  were 
mdintained,  was  prep  ir  ng  the  way  for  a  physical  defence  of  th'  sc  rights.  The 
war  of  the  revolution  found  the  little  settlement  of  Chi'rry  Valley  siill  a  fron. 
»'er.     In  the  summer  of  177y,   occurred   that   dreadful  massacre   in  tlie  northern 


1823.]  OF     NEAV-YORK.  137 

vacant  by  Judge  Livingston's  death;  among  whom,  were 
Chief  Justice  Spencer  and  Mr.  Henry  Whtaton.  The 
president  finally  appointed  Smith  Thompson,  late  chief 
justice  of  this  state,  then  secretary  of  the  navy. 

Chief  Justice  Spencer,  Judge  Van  Ness  and  Judge 
Piatt,  after  being  constitutionized  out  of  office,  resumed  the 
practice  of  law;  but  Judge  Spencer  did  not  long  continue 
at  the  bar.  He  probably  found  it  unpleasant  to  meet  on 
terms  of  equality,  and  contend  with  lawyers  for  whom  he 

part  of  Pensylvania,  which  has  been  immortalized  in  Gertrude  of  Wyoming. 
Tlie  inhabitants  of  Cherry  Valley  fled  on  learning  the  fate  of  their  brethren  of 
Wyoming,  but  returned  to  their  homes  in  the  fall  of  the  same  year,  under  an  im- 
pression that  there  was  no  longer  any  danger  by  reason  of  the  advance  of  the 
season.  They  returned  only  to  share  tlie  fate  of  their  friends  of  Wyoming.  Oa 
the  eleventh  of  November  in  the  same  year,  a  party  of  Indians  and  toiies,  led  on 
by  Walter  Butler  and  the  far-famed  chief  Joseph  Brant,  made  an  incursion  into 
the  seitlement,  and  destroyed  it,  liilling  many  of  the  inhabitants.  John  Wells, 
Jun.,  had  been  left  with  an  aunt  in  Schenectady  for  the  purpose  of  attending 
school.  This  favor  had  been  solicited  by  the  aunt  when  the  other  members  of  the 
amily  were  about  to  return  to  Cherry  Valley,  and  thus  he  escaped  that  melancho- 
ly fate  which  awaited  the  return  of  the  others  to  their  home.  His  father  and 
mother,  uncle  and  aunt,  four  brotliers  and  sisters  were  killed.  His  grandmother, 
the  wife  of  the  Rev.  Mr.  Dunlop,  also  fell  a  victim;  and  these  great  misfortunes 
brought  down  in  a  short  time  afterwards  the  grey  hairs  of  the  reverend  clergy- 
man himself  with  sorrow  to  the  grave. 

"  One  common  grave  received  all  of  his  family,  who  were  killed  on  the  llth  of 
November,  and  the  eloquent  advocate,  in  after-life,  paid  several  visits  to  the  valley 
of  his  binh,  and  shed  a  tear  over  the  spot  where  reposed  the  ashes  of  his  kindied." 

After  briefly  recounting  the  difficulties  encountered  by  Mr.  Wells  in  acquiring, 
without  the  aid  of  either  wealth  or  relatives,  a  good  classical  education,  and 
after  giving  an  account  of  his  sharp  and  successful  competition  as  a  lawyer  and 
his  elevation  to  the  highest  rank  in  his  profession,  Mr.  Campbell  says,  ''Mr. 
Wells  died  at  Brooklyn  Heights  in  September,  1823,  of  what  v.as  stated  at  the 
time  to  be  high  billions  fever,  and  which  was,  in  fact,  the  yellow  fever.  He  fell  a 
victim  to  his  benevolence  and  humanity.  His  house  was  on  Brooklyn  Heights; 
and  ne  .rly  beneath  it,  and  close  to  the  water,  were  some  small  residences,  in- 
habited by  very  poor  people.  He  called  at  one  of  these  houses,  learning  that 
some  of  the  inhabitants  were  sick,  for  the  purpose  of  seeing  what  he  could  do 
for  their  relief.  Having  made  some  provision  for  their  immediate  necessities, 
the  call  was  again  repeated.  The  yellow  fever  broke  out  at  this  spot,  and  Mr. 
Wells  was  one  of  the  first  victims.  His  death  cast  a  gloom  over  the  city.  All 
felt  that  a  great  man  had  fallen.  Meetings  of  members  of  the  bar  were  called  in 
this  city  and  in  Albany.  In  this  city,  resolutions  were  passed,  which  were  highly 
credita  ile  to  his  memory  ;  and  they  were  supported  by  Josiah  Ogden  Hofl'man  in 
a  sjieech  of  great  power  and  feeling.  All  considered  him,  in  the  language  of  Mr. 
Cowen,  to  have  been  '  the  pride  of  the  New-York  bar.'  All  mourned  over  the 
bereavement  which  they  had  sustained." 


138  'POLITICAL    HISTORY  [lS/23 

had  so  lono  acted  as  a  judge;  and  having  accumulated  a 
fortune  which  rendered  his  pecuniary  circumstances  easy, 
he  retired  from  a  competition,  which,  to  him,  must  have 
been  at  times  irritating  as  well  as  painful. 

Judge  Piatt  continued  to  practice  with  high  reputation, 
as  an  advocate,  for  several  years  afterwards;  but,  shortly 
before  his  death,  he,  likewise,  retired  to  a  country  scat  in 
Clinton  county. 

Judge  Van  Ness,  also,  opened  a  law  officr>  in  the  city  of 
New-York,  but  his  health  soon  became  impaired.  He 
lingered  awhile,  oppressed  with  a  chronic  disease  of  the 
dyspeptic  kind,  and  finally,  in  the  hope  of  recovering  his 
health,  travelled  to  the  south,  and  died  in  one  of  the  south- 
ern states.  He  was  invincibly  attached  to  political  pur- 
suits, and  foivl  of  the  bustle  of  public  life;  and,  possessing 
as  he  di :!,a  mind  extremely  sensitive,  it  is  not  improbable 
that  the  loss  of  his  oflicial  station,  and  the  utter  prostra- 
tion of  his  political  prospects,  may  have  induced  the  dis- 
ease of  which  he  died.  He  was,  in  person,  address  and 
intellectual  endowments,  formed  for  one  of  the  most  dis- 
tinguished men  of  the  age.  At  the  head  of  an  executive 
department  at  Washington,  he  would  have  shcr  e  with  a 
lustre  unrivalled. 


iS-.M.i  OF    KFAV-VORK.  J 39 


CHAPTER   XXX. 

FROiM  JANUARY  i,  13i4,  TO  JANUARY  1,  18  ,5. 

The  approaching  presulential  election,  and  the  unusual 
number  of  presidential  candidates,  produced  so  many  par- 
tics  in  this  state,  in  addition  to  the  two  pre-existing  par- 
ties, and  the  great  political  revolution  which  occurred 
during  the  year  1824,  would,  if  an  attempt  were  made 
minutely  to  detail  the  action,  and  causes  of  action,  of  dis- 
tinguished individuals,  and  the  fractions  of  parlies,  swell 
this  work  to  a  size  not  warranted  by  the  limits  1  have 
prescribed  to  it.  I  must  therefore  content  myself  with 
simply  giving  my  reader  an  account  of  the  acts  of  the 
leading  politicians  who  took  part  in  the  controversy, 
which,  during  this  year,  raged  with  unequalled  violence; 
and  I  shall  confine  myself  to  a  very  few  remarks  on  the 
probable  motives  by  which  the  actors  were  governed. 

The  legislature  convened  on  the  6th  of  January.  In 
pursuance  of  a  long  established  custom,  the  republican 
members  of  the  assembly  met  in  caucus  on  the  evening  of 
the  5th,  for  the  purpose  of  nominating  a  speaker.  Those 
members  who  had  been  elected  in  opposition  to  the  regu- 
lar republican  ticket,  in  several  of  the  counties,  such,  for 
instance,  as  those  from  the  counties  of  New-York  and 
Dutchess,  met  and  deliberated  with  the  regularly  nomi- 
nated and  elected  democratic  members.  There  were,  in 
fact,  very  few  Clintonian  or  federal  members  chosen. 
Mr.  Crary  from  Washington,  and  Mr.  Cunningham  from 
Montgomery,  were  Ciintonians,  but  they  were  self-nomi- 
nated candidates,  and  disclaimed  being  members  of  any 
political  party. 


140  POLITICAL     HISTORY  [1824. 

Samuel  J.  Wilkin,  son  of  Gen.  James  W.  Wilkin,  of 
Orantje  county,  with  wliose  name  the  reader  is  familiar,  a 
youno;raan  of  fine  talents  and  great  merit,  was  a  Clintoni- 
an;  but  he  had  been  elected  from  the  county  of  Orange, 
a  very  large  majority  of  whose  electors  were  decidedly 
hostile  to  Mr.  Clinton.  He  undoubtedly  owed  his  elec- 
tion to  the  hostility  of  a  majority  of  that  county  to  Mr. 
Crawford  as  a  candidate  for  the  presidency,  and  to  his 
own  superior  personal  merits.  The  people's  party,  in 
caucus,  supported  Gen.  Tallmadge  for  speaker,  but  the 
attempt  to  nominate  him  was  defeated  by  a  large  majority; 
and  Richard  Goodell,  of  Jefferson  county,  was  nominated. 
and  the  next  day  elected  without  serious  opposition. 

Mr.  Goodell  had  been  a  captain  in  the  United  Slates 
army,  during  the  last  war,  and  served  as  such  with  conside- 
rable rej)Utation.  He  was  a  modest,  frank,  and  honorable 
man,  but  not  familiar  with  the  business  of  legislation; 
heavy  and  slow  in  mental  action,  and  by  no  means  well 
fitted  to  preside  over  a  deliberative  body,  in  such  stormy 
times  as  occurred  during  the  forty-ninth  session  of  the 
New-York  legisteturc. 

The  governor's  message  was  delivered  on  the  day  the 
two  houses  organized.  As  an  official  paper  it  was  greatly 
superior,  both  in  structure  and  style,  to  his  first  message. 

Tlie  governor  again  urged  upon  the  legislature  the 
necessity  of  a  revision  of  the  statutes,  and  he  took 
strong  ground  in  favor  of  encouraging  domestic  manufac- 
tories by  an  increase  of  duties  on  foreign  importations. 
I  mention  this  circumstance  for  the  purpose  of  remarking 
that  at  thill,  time,  and  for  several  years  afterwards  it  was 
a  pari  of  the  democratic  creed,  in  this  and  other  northern 
stales,  that  home  industry  should  be  protected  by  imposing 
heavy  duties  on  commodities  manufactured  abroad.  On 
the  subject  of  choosing  the  presidential  electors  by  the 
people,  the  governor    stated    that  "  The    choice    of  elec- 


1824.1  OF    NEW- FORK.  141 

tors  of  president  and  vice-president,  has  excited  much 
animadversion  throughout  the  nation^  and  it  is  to  be 
regretted,  that  a  uniform  rule  on  this  subject  is  not 
prescribed  by  the  constitution  of  the  United  States.  It  is 
manifest,  that  the  manner  of  electing  may  have  an  essen- 
tial effect  on  the  power  and  influence  of  a  state,  with  re- 
gard to  the  presidential  question,  by  either  dividing  the 
votes,  or  enabling  the  state  with  greater  certainty  to  give 
an  united  vote;  and  until  a  uniform  rule  is  ingrafted  in 
the  constitution  of  the  United  States,  the  manner  of  elect- 
ing will  continue  to  fluctuate,  and  no  alteration  made  by 
any  one  state,  will  produce  a  material  change  in  the  va- 
rious modes  now  existing  throughout  the  union.  In  some 
states  the  people  will  vote  by  a  general  ticket;  in  some 
by  districts,  and  in  others  by  the  legislature;  and  no  prac- 
tical remedy  probably  does  exist,  competent  to  remove 
the  evil  effectually,  except  by  an  amendment  to  the  na- 
tional constitution. 

"Although  this  state  has  heretofore  sanctioned  an  attempt 
to  accomplish  that  important  object,  which  proved  unsuc- 
cessful, the  measure  on  that  account  should  not  be  aban 
doned;  and  as  the  subject  has  recently  been  brought  be 
fore  congress,  it  is  to  be  expected  that  another  opportunity 
will  shortly  be  presented  for  the  legislature  of  this  state 
to  sanction  an  amendment,  not  only  establishing  a  uniform 
rule  in  the  choice  of  electors,  but  also  securing  the  desira 
ble  object  of  directing  such  choice  to  be  made  by  the  peo- 
ple. A  more  propitious  period  of  evincing  its  propriety 
and  consequently  affording  a  more  favorable  prospect  of 
obtaining  a  constitutional  number  of  the  states  to  assent  to 
it,  I  am  inclined  to  think  has  not  presented  itself  since 
the  organization  of  the  government.  Persuaded  that  you 
as  the  representatives  of  a  free  people,  will  only  be  influ- 
enced by  reason  and  true  patriotism,  it  is  submitted  to 
your  wisdom  and  discretion,  whether,  under  existing  cir- 


142  POLITICAL     HISTORY  [!824. 

cumstances,  tlic  present  manner  of  choosing  electors  ought, 
at  this  time,  to  be  changed." 

This  was  palpably  an  attempt  to  evade  a  direct  expres- 
sion of  an  opinion  by  the  executive  against  giving  to  the 
people  the  power  of  choosing  the  electors  at  the  then 
next  presidential  election.  No  man  was  so  grossly  stu- 
pid as  not  to  perceive  that  an  amendment  of  the  United 
States  constitution,  if  it  ever  could  be  made,  (of  which 
there  was  not  then,  nor  is  there  now,  the  most  remote 
probability,)  could  not  at  any  rate  be  effected  in  time  to 
be  operative  at  the  next  election;  and  the  notion  that  the 
vote  of  the  state  would  necessarily  or  even  probably  be 
divided  if  the  choice  of  electors  were  yielded  to  the  peo- 
ple, was  so  absurd  that  in  the  view  of  every  sensible  man 
it  was  ridiculous.  The  message  was  considered  by  the 
public,  what  in  fact  it  must  have  been  intended  to  be,  an 
executive  recommendation  to  the  legislature  to  retain,  in 
their  own  hands,  the  power  of  appointing  the  electors. 

Immediately  after  the  house  was  organized,  and  before 
a  message  had  been  sent  to  the  governor  that  they  were 
organized,  Mr.  Wheaton,  from  New-York,  gave  notice 
that  he  would,  on  some  future  day,  bring  in  a  bill  author- 
izing the  people  to  choose  the  electers  for  president  and 
vice-president — and  shortly  after  the  message  was  read, 
Mr.  Flagg  olTered  a  resolution  that  the  subject  of  chang- 
ing the  mode  of  choosing  the  electors  be  referred  to  a 
committee  of  nine  members. 

A  lonrj  and  excitins:  debate  ensued.  The  resolution 
was  supported  by  Messrs.  Flaggy  Ruger  from  Oneida^ 
Hosmer  from  Genesee,  Edwards  from  Onondaga,  and 
Whiting  from  Ontario;  and  was  opposed  by  Messrs. 
Wheaton,  Barstow  from  Tioga,  formerly  a  senator,  Tall- 
madge  and  Crary. 

The  opponents  of  the  resolution  charged  the  mover 
with  an  intention   to  embarrass  the  proceedings,  to  delay 


1824.]  OF    NEW-YORK.  143 

action  on  the  subject,  and  finally  to  evade  or  defeat  the 
measure.  This  was  denied  by  Mr.  Flagg;  and  in  fact  all 
ihe  supporters  of  his  resolution  avowed  themselves  in 
favor  of  passing  an  electoral  law  during  the  session.  It 
may  be  well  to  mention  here,  that  the  talents  of  the  house 
decidedly  preponderated  against  the  Crawford  party*  for 
although  Mr.  Mullet,  Mr.  Hosmer  and  Mr.  Whiting  sup- 
ported Mr.  Flagg's  resolution  on  this  occasion,  they  were, 
I  believe,  all  of  them  in  favor  of  Mr.  Clay  for  president; 
at  any  rate  they  were  opposed  to  Mr.  Crawford.  Mr. 
Ruger,  from  Oneida,  was  a  lawyer  and  a  zealous  Craw- 
ford man,  but  he  was  a  very  indifferent  debater.  Mr. 
Flagg,  who  had  been  brought  up  a  practical  printer,  and 
then  conducted  a  democratic  paper  at  Plattsburgh,  there- 
fore stood  almost  alone  as  a  floor  member  on  that  side  of 
the  question;  he  however  in  the  course  of  the  session  dis- 
covered a  shrewdness,  tact  and  address  in  legislative  ma- 
ncBuvering,  and  developed  talents  which  prodigiously  an- 
noyed his  opponents,  gratified  his  friends  and  commanded 
the  respect  and  admiration  of  all  parties.  Mr.  Water- 
man, a  respectable  lawyer  from  Broome  county,  was  said 
to  be  for  Crawford;  but  he  was  a  new  member  and  not 
inclined  to  enter  warmly  into  a  contest  which  raged  with 
such  fury.  Indeed  he  was  so  cool  that  some  suspected 
him  of  being  at  heart  an  Adams  man. 

On  the  other  side  were,  besides  many  others,  Tallmadge, 
a  man  of  great  colloquial  power;  Wheaton,  one  of  the 
ablest  lawyers  of  his  time;  Doct.  Barstow,  an  experienced 
leoislator,  and  a  man  of  consummate  shrewdness  and  safja- 
city;  and  Wilkin,  a  young  man  of  splendid  talents. 

The  resolution  proposed  by  Mr.  Flagg  was  finally  adopt- 
ed, seventy-six  to  forty-seven;  and  the  committee  ap- 
pointed in  pursuance  of  it,  consisted  of  Messrs.  Flaggy 
Wheaton,  Mullett,  Vmi  Jllsfyne,  Bel/w.gerjF'mch^ Brown^ 
Bowker   and  Ells.     The  names  of  the    members  of  the 


144  POLITICAL     HISTORY  [182-1. 

committee  wlio  were  supposed  to  be  for  Crawforcl,  are 
italicised — from  which  it  will  appear  that  six  of  the  nine 
belonged  to  that  party. 

A  few  days  previous  to  the  13th  of  January,  notice 
was  given  of  a  meeting  of  the  democratic  members  of 
bot!i  houses  of  the  legislature,  for  the  purpose  of  con- 
siderino-  the  propriety  of  recommending  a  congressional 
caucus  for  the  nomination  of  president,  &c.  They  ac- 
cordingly met  on  the  thirteenth,  and  chose  Gen.  Root 
for  chairman,  but  adjourned  without  adopting  any  resolu- 
tion. It  is  probable  that  the  friends  of  IMr.  Crawford  by 
this  time  found  that  if  they  attempted  any  decisive  step 
they  would  be  borne  down  with  numbers. 

The  first  meeting  of  the  committee  of  nine  was  held 
with  open  doors,  and  was  attended  by  many  citi- 
zens as  well  as  members  of  the  legislature.  The  fol- 
lowing account  of  the  proceedings  of  the  committee  is 
copied  from  the  Albany  Daily  Advertiser,  a  paper  which 
claimed  to  be  the  organ  of  the  people's  party.  That  pa- 
per was  at  this  time  edited  by  Israel  W.  Clark,  formerly 
of  the  Albany  Register.  It  is  presumed  to  be  substantially 
correct : 

"On  their  assembling,  the  chairman  (Mr.  Flaag)  stated 
the  matter  referred  to  them,  and  after  some  desultory  con- 
versation, in  which  it  distinctly  appeared  that  those  who 
had  been  so  eager  in  the  house  to  raise  this  committee, 
had  no  definite  proposition  whatsoever  to  submit  to  it  on 
the  subject  of  giving  to  the  people  the  choice  of  electors, 
Mr.  Wlieaton  stated  that  as  no  gentlemen  seemed  disposed 
or  prepare<l  to  move  in  the  business,  and  that  as  they 
would  be  inost  likely  to  arrive  at  a  speedy  termination  of 
their  labors  by  an  orderly  course  of  proceeding,  he  would 
offer  the  following  motion: 

^^  Resolved^  as  the  sense  of  this  committee,  that  the 
right  of  choosing  the  electors  of  president  and  vice-presi- 


1824.]  OF    NEW-YORK.  145 

dent  of  the  United  States,  ought  to  be  vested  in  the  people 
of  this  state,  by  a  law  to  be  passed  at  the  present  session 
of  the  legislature."  The  question  was  taken  on  this  reso- 
lution, and  carried  in  the  affirmative,  Mr.  Van  Alstyne,  (of 
Rensselaer,)  only  voting  in  the  negative. 

Mr.  Wheaton  then  oft'ered  the  following  resolution  : 

"  Resolved^  That  such  election  ought  to  be  by  general 
ticket. 

"  Mr.  Flagg  proposed  as  an  amendment,  to  add  the  fol- 
lowing words :  'and  that  a  majority  of  all  the  votes  shall 
be  necessary  to  make  a  choice.' 

"  Mr.  Wheaton  stated  that  he  should  not  strenuously 
object  to  any  report  the  majority  of  the  committee  might 
think  fit  to  make,  in  order  that  the  bill  might  be  again 
brought  before  the  house.  But  he  would  only  remark, 
that  the  proposed  amendment,  (if  it  should  prevail  in  the 
house,)  would  probably  defeat  the  bill,  as  it  had  been  the 
constant  usage  of  the  state  to  choose  hy  plurality.  There 
would  not  be  time  in  the  thirty-four  days  preceding  the 
first  Wednesday  of  December  to  order  a  new  election,  in 
case  the  first  did  not  result  in  a  choice  by  a  majority  of 
all  the  votes,  so  that  the  vote  of  the  state  would  be  thus 
entirely  lost. 

"  Mr.  Finch,  (of  Orange,)  also  made  some  pertinent  re- 
marks to  the  same  effect  and  generally  on  the  subject, 
when  Mr.  MuUett,  (of  Chautauque,)  moved  to  adjourn 
until  Wednesday  evening  I " 

The  motion  to  adjourn  wa!>  carried  by  a  majority  of 
one. 

After  several  meetings  and  much  discussion  the  com- 
mittee reported  a  bill  giving  the  power  of  choosing  elec- 
tors to  the  people,  but  requiring  that  the  persons  elected 
should  have  a  majority  of  all  the  votes.  As  the  people 
of  the  state  were  avowedly  divided  into  no  less  than  four 
parties,  it  was  most  evident  that  no  choice  would  be  made 


146  POLITICAL    HISTORY  [1824. 

under  such  a  bill,  inasmuch  as  the  United  States  constitu- 
tion requij-cs  that  the  electors  shouhl  be  chosen  withii. 
thirty-four  days  of  the  time  when  they  are  to  give  their 
votes;  and  so  much  time  would  be  occupied  by  the  re- 
turning and  canvassing  of  the  votes  on  the  first  election,  it 
was  most  evident  that  a  subsequent  election  could  not  be 
ordered  to  be  held  and  the  votes  canvassed  before  the  pre- 
sidential election  would  have  been  made.  Mr.  Flagg's 
plan,  therefore,  was,  that  in  case  no  choice  should  be  made 
by  the  people,  the  election  should  be  made  by  the  legisla- 
ture. It  is  easy  to  perceive  that  such  a  bill  would  really 
effect  nothing,  because,  eventually,  the  choice  would  be 
made,  in  almost  all  cases,  and  certainly  at  the  then  next 
election  by  the  legislature. 

The  bill  reported  by  the  comfnittee  was  for  a  long  time 
debated  in  the  house,  but  a  majority  of  the  assembly 
would  not  agree  that  the  choice  should,  in  any  event,  be 
made  by  the  two  houses.  Mr.  Finch,  in  behalf  of  the 
people's  party,  offered  an  amendment,  declaring  that  the 
persons  having  the  greatest  number  of  votes  should  be 
declared  duly  elected,  but  it  was  rejected  by  sixty-four  to 
fifty-two.  This  left  the  bill  in  a  form  which  provided  for 
the  choice  of  electors  by  the  people,  if  any  set  of  candi- 
dates obtained  a  majority  of  all  the  votes  cast,  but  in  case 
no  person  had  such  majority,  then  no  election  was  effected, 
and  no  provision  was  made  for  a  second  election  in  any 
form.  In  this  shape  the  bill  passed  on  tlie  4th  of  Febru- 
ary, by  nearly  an  unanimous  vote,  only  five  members  vo- 
ting against  it,  {see  Jissemhiy  Journal,  p.  2D8.)  The  peo- 
jile's  party  declared  themselves  dissatisfied  with  the  bill, 
but  preferred  it  to  the  existing  law.  There  can  be  no 
doubt  but  that  Mr.  Flagg  and  the  Crawford  party  in  the 
assembly  were  opposed  to  passing  any  law  on  the  subject. 
There  was,  beyond  question,  a  majority  in  tlje  assembly 
opposed  to  Mr.  Crawford.     Why  then,  it  may  be  asked, 


18:i4.]  OF    NEVV-VOKK.  147 

did  tlipy  not  aiHopt  the  amendment  proposed  by  Mr.  Whi- 
ting in  committee  of  the  whole  and  again  offered  in  the 
house  by  Mr.  Finch?  Some  of  the  Adams  and  Clay 
men  were  apprehensive  that  if  the  election  of  electors 
were  to  be  made  by  general  ticket,  and  by  a  plurality  of 
votes,  Mr.  Clinton  v;ould  be  brought  out  as  a  presidential 
candidate,  and  in  that  event  they  feared  that  the  democra- 
tic party  was  so  much  divided  on  the  presidential  ques- 
tion, that  electors  favorable  to  him  would  obtain  a  plurali- 
ty of  the  votes  of  the  people. 

In  the  peculiar  situation  of  the  political  parties,  which 
composed  this  assembly,  it  was  natural  that  a  majority  of 
them  should  have  been  opposed  to  the  passage  of  an  elec- 
toral law.  Why  should  they,  at  that  particular  juncture, 
change  the  mode  of  appointing  electors,  which  had  been 
in  use  in  pursuance  of  an  act  of  the  legislature  ever  since 
the  adoption  of  the  federal  constitution  1  Those  who 
called  for  the  passage  of  an  electoral  law,  demanded  of 
the  party  in  power,  by  their  own  act,  to  give  to  the  ad- 
verse party  an  opportunity,  and  it  might  be  to  give  their 
opponents  the  means  of  defeating  the  majority  of  the 
legislature  in  the  choice  of  their  favorite  candidate  for  the 
presidency.     Was  such  a  request  reasonable  ? 

As  a  mere  question  of  party  policy,  (and  I  speak  only 
of  that,)  the  error  of  the  majority  in  the  legislature  con- 
sisted in  professing  to  be  favorable  to  the  passage  of 
the  law  in  question,  when  they  in  truth  were  not.  Far  bet- 
ter w^ould  it  have  been  for  them  to  have  avowed  openly  and 
boldly  their  opposition  to  any  change  at  that  time,  in  the 
mode  of  choosing  electors,  and  to  have  stated  frankly  their 
reasons  for  such  opposition,  or  at  once  in  good  faith  to 
have  supported  the  change  called  for  by  the  people.  No- 
thing is  so  fatal  to  a  representative  of  the  people,  as  a 
jealousy  among  his  constituents,  that  he  is  acting  with 
bad    faith,  or   from    motives   which    he    conceals.     Thai 


148  POLITICAL    HISTORY  [18:24. 

honesty  is  the  best  policy,  is  a  maxim  universal  in  its  ap- 
plication. The  next  November  election,  proved  it  espe- 
cially applicable  to  the  case  now  under  consideration. 

Within  a  few  days  after  the  passage  of  the  electoral 
bill  through  the  assembly,  Mr.  Wheaton  obtained  leave 
of  absence  for  the  remainder  of  the  session.  He  was  at 
that  time  reporter  of  the  supreme  court  of  the  United 
States,  and  his  attendance  at  Washington  was  highly  ne- 
cessary; and  as  the  question  in  which  he  felt  the  deepest 
interest,  and  indeed  the  question  which  induced  him  to  be 
a  candidate  for  the  legislature,  was  then  disposed  of  by 
the  body  of  which  he  was  a  member,  he  felt  little  reluc- 
tance at  leaving  Albany. 

At  Washington,  the  presidential  question  continued  to 
excite  more  and  more  attention.  One  great  point,  about 
which  the  members  of  congress  were  divided,  was  whether 
an  attempt  should  be  made  to  nominate  a  president  by  a 
congressional  caucus.  The  friends  of  Mr.  Crawford,  at 
the  head  of  whom  Mr.  Van  Buren  may  now  be  regarded 
as  standing,  were  in  favor  of  a  caucus.  In  order  to  ascer- 
tain the  views  of  the  members  on  that  question,  a  commit- 
tee was  appointed,  or  rather  self-created,  of  one  member 
from  each  state,  whose  duty  it  was  to  ascertain  from  each 
individual  his  opinion  on  the  subject.  By  the  authority 
of  this  committee,  the  National  Intelligencer  stated,  that 
of  two  hundred  and  sixty-one  members,  one  hundred 
and  eighty-one  were  opposed  to  a  caucus,  and  it  was  ad- 
ded that  many  others  would  not  attend  a  caucus,  should  it 
be  called. 

Notwithstanding  this  communication,  a  notice  was  is- 
sued on  the  6th  of  February,  signed  by  Mr.  Dickinson, 
senator  from  New-Jersey,  and  Mr.  Forsyth  from  Geor- 
gia, requesting  a  meeting  on  the  14th  of  February,  of 
the  democratic  members  of  congress,  for  the  purpose  of 
nominating  a  president. 


1824.]  OF    NEW-YORK.  149 

In  pursuance  of  this  call,  there  assembled  on  the  day 
designated,  from 

Maine, 2  members, 

Rhode-Island, 1  " 

Connecticut, • .  3  " 

New-York, 16  " 

New- Jersey, 1  ,     " 

Pennsylvania, 3  " 

Maryland, 3  " 

Virginia, 15  " 

North-Carolina,     9  " 

South-Carolina, 2  " 

Georgia, 8  " 

Ohio, 1  " 

Indiana, 1  " 

Illinois, 1  " 

66 

Mr.  Ruggles,  senator  from  Ohio,  was  appointed  chair- 
man of  this  meagre  assemblage,  and  Mr.  Collins  from 
New- York  was  chosen  secretary.  They  then  proceeded 
to  ballot  for  a  presidential  candidate,  and  the  result  was, 
that  Mr.  Crawford  had  sixty-two  votes,  Mr.  Adams  two, 
Gen.  Jackson  one,  and  Mr.  Nathaniel  Macon  one. 

The  result  of  this  caucus  showed  that  neither  the  friends 
of  Mr,  Adams,  Jackson  or  Clay,  attended,  and  it  also  de- 
monstrated that  at  Washington,  as  at  Albany,  the  friends 
of  the  last  named  gentlemen  were  united  on  one  question, 
which  was,  opposition  to  Mr.  Crawford  at  any  rate. 

When  there  are  a  considerable  number  of  candidates  for 
an  important  office,  it  is  dangerous  to  be  considered  as  the 
strongest,  for  nothing  is  more  natural  than  a  combination 
of  the  weaker  against  the  stronger. 

The  issue  of  this  attempt  to  nominate  Mr.  Crawford, 
lessened  the  number  of  his  supporters  in  New-York,  and 


150  POLITICAL  HISTORY  [l;r24. 

probably  in  other  states  in  the  Union.  Until  this  demon- 
stration, he  was  supposed  to  be  powerful I3'  sustained  at 
Washington.     This  meeting  exhibited  his  weakness, 

I  ought,  in  the  order  of  time,  to  have  staled  that  a  de- 
mocratic convention  of  Pennsylvania  was  held  at  Harris- 
burgh,  in  the  early  part  of  this  winter,  at  wiiich  General 
Jackson  was  nominated  for  presiilent;  and  that,  previous 
to  this,  Mr.  Calhoun,  who  hail  many  friends  in  that  state, 
withdrew  from  the  competition  at  the  presidential  canvass. 
He  avowed  himself  to  be  favorable  to  the  election  of  Gen. 
Jackson. 

When  the  bill  changing  the  mode  of  choosing  presiden- 
tial electors  was  announced  in  the  New- York  senate,  it 
was  referred  to  a  select  committee,  of  which  Mr.  Dudley 
was  chairman.  After  it  had  been  some  days  in  possession 
of  the  committee,  Mr.  Ogden  offered  a  resolution  requir- 
ing the  committee  to  report.  This  resolution  called  out  a 
discussion  of  some  warmth,  and  exhibited  the  feelings  of 
the  members  on  the  great  question  which  had  produced  so 
much  excitement  in  the  assembly.  OgiIen,Burt,  Burrows, 
and  Cramer,  supported  the  resolution,  and  Suydam,W^hee- 
ler,  Wright,  and  others,  opposed  it.  The  senators  chosen 
in  1822,  were  elected  without  reference  to  this  question, 
and  of  course  they  felt  at  liberty  to  act  on  it  according  to 
the  dictates  of  their  own  judgments;  but  it  was  not  so 
with  most  of  the  members  of  the  assembly,  nor  with  some 
of  the  senators  who  were  chosen  in  November,  1823.  In 
the  senate  there  was  a  preponderance  of  talent  against  the 
bill. 

Mr.  Ogden's  resolution  was  finally  postponed  indefinitely, 
by  a  vote  of  twenty-one  to  nine. 

Shortly  afterwards  the  select  committee  made  a  long 
and  well  written  report,  but  concluded  in  the  following 
vords  : 


1821.]  OF    NEW- YORK.  151 

"  The  committee  are  therefore  of  opinion,  for  the  rea- 
sons set  forth  in  this  report,  that  it  would  not  be  expedi- 
ent to  pass  the  bill  from  the  assembly,  or  any  other  bill 
changing  the  present  mode  of  appointing  electors  of  presi- 
dent and  vice-president  of  the  United  States;  or,  at  least 
until  the  efforts  which  are  now  seriously  making  in  con- 
gress to  establish  a  uniform  rule  of  appointment,  by  an 
amendment  of  the  constitution  of  the  United  States,  by 
which  the  people  can  elect  by  districts,  have  either  termi- 
nated in  the  adoption  or  rejection  of  such  amendment  by 
that  body." 

This  report  was  considered,  by  the  senate,  on  the  tenth 
of  March. 

Mr.  Cramer  moved  to  strike  out  the  concluding  part  of 
the  report  above  quoted,  and  to  insert  in  lieu  thereof  the 
words  following  : 

^^  Resolved,  That  it  is  expedient  to  pass  a  law,  ai  the 
present  session  of  the  legislahire,  giving  to  the  people  of 
this  state  the  choice  of  electors  of  president  and  vice-pre- 
sident by  general  ticket." 

In  discussing  this  proposition  various  projects  were 
suggested,  among  which,  several  senators  urged  the  pro- 
priety of  choosing  the  electors  by  single  districts. 

Mr.  Cramer  delivered  a  very  able  argument  In  favor  of 
his  amendment,  and  much  discussion  ensued.  It  was  pro- 
posed to  amend  the  resolution  by  adding  the  words, "  and 
by  a  plurality  of  votes,"  which  was  rejected  by  a  vote  of 
seventeen  to  fourteen,  Mr.  Wright  voting  against  this 
amendment.  When  the  question  was  taken  on  Mr.  Cra- 
mer's original  resolution,  It  passed  in  the  affirmative,  ayes 
sixteen,  noes  fifteen.  Mr.  Wright  voting  in  the  affirma- 
tive. Mr.  Wright's  plan  is  embraced  in  the  following 
amendment  to  the  conclusion  of  the  report  of  the  select 
committee,  proposeii  by  him  in  the  course  of  the  proceed- 
ings of  the  senate  on  that  subject: 


152  POLITICAL     HISTORY  [lHJ-1. 

"  Strike  out  all  after  ihe  word  '  Assembly,'  in  the  se- 
cond line  of  the  last  clause  of  the  printed  report,  and  in- 
sert the  following: — But  they  recommend  the  passage  of 
a  law,  providing  for  a  choice  by  the  people,  by  general 
ticket,  of  a  number  of  electors  of  president  and  vice- 
president  of  the  United  States,  equal  to  the  number  of 
representatives  in  the  congress  of  the  United  Slates,  to 
which  this  slate  shall  be  entitled  at  the  time  any  election 
of  electors  shall  be  held,  locating  the  electors  so  to  be 
chosen  in  the  several  congressional  districts,  in  such  a 
manner,  that  each  congressional  district  shall  have  residing 
within  it,  a  number  of  the  said  electors  equal  to  the  num- 
ber of  members  of  congress  to  which  such  district  shall  be 
entitled  at  the  time  of  the  election;  requiring  a  majority 
of  all  the  votes  given  in  the  state,  for  such  electors,  to 
constitute  a  choice:  and  directinor  a  meetinar  of  the  leo;is- 
lature,  at  such  time  as  shall  be  requisite,  in  any  year  when 
electors  of  president  and  vice-president  are  to  be  chosen, 
to  appoint  two  electors,  in  the  manner  now  prescribed  by 
law,  corresponding  to  the  two  senators  from  this  slate  in 
the  congress  of  the  United  Slates,  and  to  fill  any  vacancies 
that  may  exist  in  any  of  the  congressional  districts,  from 
a  failure  to  elect  by  a  majority  of  votes,  as  aforesaid;  and 
further  recommend  a  repeal  of  the  present  existing  law, 
providing  for  the  appointment  of  the  said  electors,  so  far 
as  the  same  may  be  inconsistent  with  a  law  containing  the 
aforesaid  provisions." 

This  project  found  little  favor  in  the  senate,  only  three 
senators,  Bronson,  Mallory,  and  Stranahan,  voting  with 
Mr.  Wright. 

Mr.  Wright  made  a  very  ingenious  speech  on  the  occa- 
sion. He  was  then  quite  young,  I  believe  the  youngest 
member  in  the  senate  and  little  known;  but  he  soon  de- 
veloped those  reasoning  powers  and  that  wonderful 
acuteness  of  mind   ibr  whicii   he   has  since  been  so  justly 


1824.]  OF    NEW- YORK.  153 

celebrated.  It  is  however  to  be  regretted  that  on  this 
question  he  should  have  manifested  so  much  disingenuous- 
ness.  He  had  declared  in  his  speech,  end  by  his  recorded 
vote  on  Mr.  Cramer's  amendment,  that  he  was  in  favor  of 
conferring  the  power  of  choosing  electors  on  the  people 
by  general  ticket,  and  yet  he  gravely  proposed  the  pre- 
posterous and  ridiculous  scheme  contained  in  the  section 
of  his  amendment  that  I  have  quoted.  It  was  utterly  un- 
worthy of  a  senator  of  the  state  of  New-York,  and  espe- 
cially of  Silas  Wright,  Junior.  The  fact  was,  Mr. 
Wright,  previous  to  his  election,  had  given  the  people  of 
the  fourth  district  to  understand  that  he  would,  if  elected, 
support  a  bill  giving  to  the  people  the  right  to  choose 
presidential  electors.  All  this  manoeuvring  was  for  the 
purpose  of  exhibiting  an  appearance  of  redeeming  that 
pledge.  We  shall  shortly  find  him  voting  for  an  indefi- 
nite postponement  of  the  bill;  for  on  the  tenth  day  of 
March,  Mr.  E.  P.  Livingston,  after  a  speech  affirming  that 
the  people  had  not  called  for  an  electoral  law,  that  the 
clamor  in  favor  of  such  a  law,  emanated  chiefly  from  bar- 
room and  noisy  politicians,  moved  a  postponement  of  the 
bill  until  the  first  Monday  in  November.  The  motion 
was  seconded  by  Mr.  Suydam.  It  succeeded  in  the 
following  manner — ^yes,  Messrs.  Bowman,  Bov;ne,  Eron- 
son,  Dudley,  Earll,  Greenley,  Keyes,  Lefferts,  Living- 
ston, Mallory,  McCall,  Redueld,  Stranahan,  Suydam, 
W^aril,  Wooster,  Wright — seventeen.  JVoes^  Messrs.  Bur- 
rows, Burt,  Clark,  Cramer,  Gardiner,  Green,  Haight, 
Lynde,  Mclntyre,  Morgan,  Nelson,  Ogden,  Thorn,  Wheel- 
er— fourteen." 

It  was  undoubtedly  with  great  reluctance  that  the  mem- 
bers of  the  senate  could  be  induced  to  vote  for  a  virtual 
rejection  of  this  bill,  as  they  could  not  but  be  aware  that 
the  popular  feeling  was  in  favor  of  it.  This  is  evident 
from  the  fact,  that  but  a  bare  majority  could  be  induced  to 


154  POLITICAL    HISTORY  j"l;-«-i-t. 

record  their  names  against  the  measure.  Mr.  Van  Buren, 
and  those  acting  with  him,  had  not  a  man  to  spare.  Great 
popular  odium  was  attempted  to  be  cast  upon  those  who 
supported  Mr.  Livingston's  motion.  Their  names,  in 
many  of  the  opposition  newspapers,  were  exhibited  con- 
spicuously in  black  letter  type,  and  posted  up  in  bar-rooms 
and  other  public  places. 

In  the  mean  time  great  efforts  were  making,  and  had 
been  made  to  render  Gov.  Yates  unpopular.  He  had  been 
advised  and  urged  by  some  of  his  best  friends,  among 
whom  was  the  secretary  of  state,  Mr.  John  Van  Ness 
Yatt  s,  to  recommend  the  passage  of  an  electoral  lau-,  or  at 
anv  rate,  not  to  commit  himself  in  his  message  against  that 
measure.  He  refused  to  listen  to  their  suggestions,  ami 
it  was  reported  that  he  was  finally  prevailed  on  by  Judge 
Skinner  to  siiape  his  message  in  the  form  in  which  it  was 
ultimately  communicated  to  the  legislature.  I  have  good 
reasons  for  believing  that  some  persons,  who,  T  know  not, 
had  intimated  to  him  that  the  friends  of  Mr.  Crawford 
would  support  him,  (Gov.  Yates,)  for  vice-president. 
From  the  moment  the  message  was  published,  he  had  been 
attacked  with  the  utmost  severity  and  bitterness,  in  the 
legislature  and  by  that  part  of  the  press  which  was  op- 
posed to  Mr.  Crawford.  In  the  vast  number  of  appoint- 
ments whii  h  it  had  been  his  duty  to  make,  he  had,  of  ne- 
cessity, disappointed  a  great  many  expectants.  Many  of 
these  mortified  aspirants  seized  the  occasion  of  manifisting 
their  resentment,  by  joining  in  tlie  personal  abuse  of  the 
governor.  The  Clintonian  papers  were  extremely  severe 
io  their  denunciations  of  him.  Not  satisfied  with  animad- 
verting on  his  political  principles  and  conduct,  they  as- 
sailed him  with  personal  ridicule,  and  with  a  perseverance 
and  severity  never  before  equalled.  The  simplicity  of  the 
character  of  Governor  Yates,  which  ought  to  have  shiehUtd 
him  from  these  attacks,  and  would  have  done  so,  from  a 


1824.]  OF    NEW-YORK.  155 

magnanimous  opponent,  seemed  rather  to  encourage  and 
multiply  them.  A  very  sarcastic,  writer,  over  tlie  signa- 
ture of  Buflfalo,  in  the  Albany  Daily  Advertiser,  used  near- 
ly every  morning  to  serve  up  to  the  citizens  of"  Albany,  and 
members  of  the  legislature,  one  or  two  paragraphs  atlai;k- 
ing  the  governor  with  the  most  biting  satire.  Thus  ihc 
town  was,  every  morning,  thrown  almost  into  convulsions 
of  laughter,  at  the  expense  of  the  governor. 

Governor  Clinton  was  said  to  have  been  the  author  of 
the  pieces  signed  Buffalo.  I  have  no  evidence  tiiat  such 
was  the  fact,  but  it  is  strange  if  any  other  person  was  the 
author,  why  even  his  vanity  had  not  induced  him  to 
have  claimed  the  paternity  of  these  humorous  produc- 
tions.*    \See  jYofe  IL\ 

All  these  attacks  were  aideil  by  an  under  current,  which 
prevailed  among  the  governor's  professed  political  friends. 
John  Cramer  is  a  man  of  talents,  an:i  one  of  the  most 
•running  men  in  the  state  of  New- York.  He  was  disap- 
pointed and  chagrined  because  his  frien;!  Col.  Young 
was  not  nominated  for  governor  in  1822.  There  cannot 
be  a  doubt,  that  from  the  moment  the  government  was  or- 
ganized under  Mr.  Yates,  he  was  determined  to  leave  no 
stone  unturned  to  oust  Gov.  Yates,  and  bring  in  Col. 
Younof.  Some  were  so  uncharitable  as  to  charge  Mr. 
Cramer's  support  of  the  electoral  law  to  the  accidental  cir- 
cumstance that  the  governor  in  his  message  had  taken  the 
other  side  of  the  question.  Mr.  Young  too,  claimed  to 
be  in  favor  of  an  electoral  law,  and  such  an  electoral  law 
as  was  called  for  by  the  people.  The  people's  party  at 
first  looked  to  Mr.  Young  as  their  candidate  for  governor, 
and  had  he  consented  to  be  their  candidate,  he  would  no 
doubt  have  been  triumphantly  elected.     Mr  Cramer,  hovv- 


*  Sir.ce  the  above  was  written,  I  have  been  assured  by  a  gentieinan  of  veracity, 
that  Governor  Clinton  was  the  autlior  of  Buffalo.  The  manuscript  sert  to  the 
priutor,  was  in  the  handwriting  of  his  son,  Charles  A.  Clinton,  Esquire. 


156  POLITICAL     HISTORY  [1824. 

ever,  thought  he  could  do  better  by  procuring  for  his  iriend 
a  legislative  caucus  nomination;  and  with  that  view  he 
directed  his  political  operations  during  the  winter  of  1824.* 

The  rejo  tion  of  the  electoral  law  became  every  day 
more  and  more  unpopular;  and  Gov.  Yates  was  charged 
with  being  at  the  foundation  of  thai  measure.  The  friends 
of  Mr.  Young,  therefoie,  alfirmed,  and  no  doubt  with 
truth,  that  if  Yates  was  re-nominated  he  would  assuredly 
be  beaten.  Of  course  they  inferred  it  would,  on  the  part 
of  the  democratii;  party  be  an  act  of  political  suicide  to 
re-nominate  him.  It  is  highly  probable  that  this  last  con- 
sideration was  the  controlling  cause  of  the  nomination  of 
Mr.  Young  at  the  legislative  caucus,  held  on  the  3d  of 
April. 

At  this  meeting,  there  was  considerable  discussion,  and 
very  free  comparisons  were  made  between  the  two  candi- 
dates, Gov.  Yates  and  Col.  Young,  unfavorable  to  th^ 
former.  Mr.  Wright  and  Mr,  Flagg  were  for  again  nomi- 
nating Mr,  Yates,  They  insisted  that  if  he  had  erred,  in 
the  course  he  had  taken  in  relation  to  thelelectoral  law, 
it  was  an  error  committed  in  accordance  with  the  policy 
of  the  party  to  which  he  belonged  and  in  pursuance  of  their 
advice  and  request.  If  he  was  to  be  sacrificed  for  that, 
Mr.  Flagg  declared  his  readiness  to  suffer  with  him. 
Whether  Gov.  Yates  had  done  right  or  wrong,  I  consider 
such  sentiments  and  the  avowal  of  them  on  this  occasion 
as  creditable  to  the  feelings  of  Mr.   Flagg. 

Mr.  Young  however  was  nominated  by  a  majority  of,  I 
believe,  from  fifteen  to  twenty. f     This  was  the  last  legis- 

•See  notp  A.  at  the  end  of  ihc  volume. 

t  I  have  licfore  niP  evidence  of  the  fad  that  the  people's  party,  in  the  winter  of 
1824,  had  delcrmined  to  support  Col.  Young  as  their  candidate  for  governor.  Sev- 
eral cauciisfccs  were  lield  by  the  members  of  the  legi'^laiuie  helonping  to  that 
party.  In  thcs*'  caucusses,  John  Cramer,  Henry  Wheal  on,  and  Joseph  D.  IMoncll 
of  Columl)ia  cot.nii,  were  the  most  active.  It  was  finally  a};reed  that  a  state  con- 
vention should  Ix!  called,  for  the  purpose  of  nominating  a  governor.  The  person 
vbo  should  draw  the  address,  to  be  signed  by  the  meniliers  of  the  legislatnie  niak- 


1824.]  OF  NEvv-yoRR,  157 

lative  caucus  which  has  been  held,  and  which,  as  I  con- 
jecture, ever  will  be  held,  for  the  nomination  of  a  gover- 
nor. Gov.  Yates  felt  this  abandonment  by  his  political 
friends  with  a  sensibility  the  most  painful.  Contrary  ^o 
the  moderation  and  mildness  of  his  nature,  he  had  yield- 
ed many  things  and  done  many  acts  to  gratify  the  pro- 
pensities of  the  party  with  whom  he  acted,  and  he  could 
not  but  regret  this  demonstration  of  the  feelings  of  the 
party  towards  himself,  as  an  instance  of  cold,  calculating 
policy,  and  of  extreme  ingratitude.  But  what  political 
party  has  ever  been  governed  by  considerations  of  grati- 
tude for  services  rendered  them  as  a  party  1 

Although  Mr.  Young  was  understood  to  have  been  in 
favor  of  the  electoral  law,  and  although  his  friend,  Mr. 
Cramer,  had  distinguished  himself  in  the  senate  in  support 
of  it,  the  people's  party  in  the  legislature  were  unwilling 
to  support  him.  It  is  probable  they  believed  that  if  elected 
governor,  he  would  pursue  the  course  and  accord  with  the 
policy  which  should  be  marked  out  for  him  by  the  Albany 
Regency.  Tha't  Regency,  by  the  bye,  at  this  time,  con- 
sisted principally  of  Benjamin  Knower,  Treasurer;  Samuel 
A.  Talcottj  Wm.  L.  Marcy,  Comptroller;  Roger  Skinner, 
United  States  District  Judge;  Edwin  Croswell,  State 
Printer,  and  Benjamin  F.  Butler, 

The  people's  party  thereupon  held  a  legislative  caucus, 
of  which  Isaac  Ogden  was  chairman  and  David  Gardner 

ing  the  call,  was  appointed;  and  it  was  well  understood  that  Mr.  Young  was  to 
be  put  in  nomination  for  governor.  They  also  agreed  to  establish  a  newspaper  in 
Albany,  in  opposition  to  the  regency ;  and  Allen  Jordan,  now  mayor  of  the  city  of 
Hudson,  was  to  have  been  the  editor.  In  case  the  party  should  be  successful  he 
was  to  be  made  state  printer.  So  ardent  were  the  members  of  this  association, 
that  some  part  of  the  printing  apparatus  for  the  new  paper  was  actually  purchas- 
ed, when  the  nomination  of  Col.  Young,  by  the  regency  party,  disconcerted  their 
schemes  and,  for  a  time,  paralyzed  their  exertions. 

Mr.  Cramer,  with  a  view,  I  imagine,  of  preventing  complaint  and  public  clamor, 
re-imbursed  the  purchaser  of  the  materials  for  printing,  a  considerable  part  of  the 
purchase  money  which  he  had  advanced. 


158  POLITICAL    HISTORY  [18-24. 

secretary,  on  the  7th  of  April.  lam  unable  to  state  their 
number,  but  it  couhl  not  have  been  large.  They  issued 
an  atldress,  in  which  they  complained  of  the  conduct  of  the 
majority  in  refusing  to  restore  to  the  people  the  right  of 
choosing  presidential  electors;  they  protested  against  the 
designation  of  a  candidate  for  governor  by  the  members 
of  the  legislature,  as  an  unauthorized  assumption  of  j)ow- 
er,  and  they  recommended  that  a  convention  of  delegates 
should  be  chosen  by  the  friends  of  an  electoral  law,  who 
should  meet  at  Utica,  on  the  21st  of  September,  for  the 
purpose  of  nominating  a  governor  and  lieut.  governor. 

On  the  1st  of  April,  Mr.  Wheaton,  although  he  had  ob- 
tained leave  of  absence  during  the  remainder  of  the  ses- 
sion, arrived  at  Albany  from  Washington,  and  resumed  his 
seat  in  the  assembly.  It  is  not  improbable  that  the  op- 
ponents of  Mr.  Crawford,  at  Washington,  had  advised  to 
the  measure  which  was  adopted  at  the  meeting  of  which 
Mr.  Ogden  was  chairman,  and  that  the  timely  arrival  and 
influence  of  Mr.  Wheaton,  may  have  had  some  effect  in 
getting  up  that  meeting. 

On  the  9th  of  April  a  meeting  was  held  in  New-York, 
of  which  Morgan  Lewis  was  chairman,  and  C.  D.  Colden 
secretary;  at  which  Gen.  Jackson  was  nominated  for  pre- 
sident. 

During  all  these  violent  contests,  which  occurred  in  the 
winter  of  1824,  Mr.  Clinton,  so  far  as  his   personal   in- 
fluence was  concerned,  remained  perfectly  quiet,  and  very 
few  if  any  of  his  friends  intimated  the  least  inclination  to 
bring  him  beiore  the  public  for  any  ofl5ce  whatever;    in- 
deed I  am  quite  sure  that  nine-tenths  of  them  were  oppos 
ed  to  his  being  a  candidate  for  any  public  employment;— 
Not  from  any  want  of  confitlence  in   his  capacity,  or  re 
sped  for  his  merits,  but  because  they  believed  lliat  iiecoald 
not  be  sustained  by  a  majority  of  the  people,  and  because 


1824.]  OF   NEW-YORK.  159 

they  were  unwilling  to  embarrass  the  action  and  impede 
the  success  of  the  people's  party,  a  party  which  a  vast 
majority  of  them  were  inclined  to  sustain,  by  affording  the 
adverse  party  an  opportunity  of  availing  themselves  of 
the  prejudices  entertained  by  many  friends  of  the  electoral 
law,  against  Mr.  Clinton. 

The  Crawford  party  charged  on  the  people's  party  a 
disposition  to  coalesce  with  the  Clintonians;  and,  with  a 
view  of  identifying  the  '^ peopleisk^^  party  v/ith  the  Clin- 
tonians,  and  when  that*should  be  done,  of  recovering,  in 
consequence,  many  fugitives  and  deserters  from  their  own 
ranks,  or  of  creating  an  irreparable  breach  between  the 
Clintonian  and  people's  party,  they  adopted  a  singular  but 
daring  and  bold  project. 

We  have  seen  with  what  zeal  Mr.  Clinton  had,  for 
many  years,  devoted  himself  to  the  promotion  of  the  canal 
policy;  that  he  had  been  appointed,  not  by  a  party,  but 
by  the  friends  of  internal  improvements,  one  of  the  first 
canal  commissioners;  that  he  had  supported  the  great  mea- 
sure of  constructing  the  Erie  and  Champlain  canals,  at  the 
hazard  of  the  utter  prostration  of  his  political  prospects, 
and  that  his  services  in  aid  of  that  great  work  had  been 
rendered  gratuitously.  No  mul-conduct  was  charged  or 
insinuated  against  him,  as  canal  commissioner.  He  was 
then  president  of  the  board,  a  majority  of  whom  were  his 
political  opponents.  On  the  last  day  of  the  session,  but 
a  few  hours,  perhaps  I  may  say  minutes,  before  the  time 
fixed  for  the  adjournment  of  both  houses,  Mr.  Bowman,  a 
senator  from  Monroe  county,  submitted  a  resolution  for 
the  remova!  of  De  Witt  Clinton  from  the  office  of  canal 
commissioner.  The  resolution  was  acted  upon  without  a 
moment''s  delay,  and  all  the  senators  save  three  voted  in 
the  affirmative.  Mr.  Cramer,  much  to  his  credit,  Avas  one 
of  them.  The  other  two,  were  Morgan  from  the  west, 
and  Mclntyre  from  Montgomery  county. 


Ifc=rr 


160  POLITICAL     HISTORY  [IS-24. 

The  resolution  was  forthwith  sent  to  the  assembly, 
where  it  was  instantly  passed  by  a  majority  of  sixty-four 
to  thirty-four. 

After  the  resolution  was  read  in  the  assembly,  and  be- 
fore the  vole  on  it  was  taken,  Mr.  Cunningham  of  Mont- 
gery,  wiio,  altogether  taken  by  surprise,  with  difficulty 
obtained  the  floor  for  the  space  of  a  few  minutes,  and 
poured  forth  the  following  torrent  of  eloquent  denuncia- 
tion against  the  authors  of  this  deed. 

"  I  rise,'''  said  Mr.  Cunningham,  "with  no  ordinary 
feeling  of  surprise  and  astonishment  at  the  resolution  just 
read,  as  coming  from  the  senate.  Sir,  it  is  calculated  to 
rouse  the  feelings  of  every  honest  man  on  this  floor.  Its 
very  approach  was  marked  with  black  ingratitude  and 
base  design.  I  do  not  wish  to  speak  disrespectfully  of  a 
co-ordinate  branch  of  the  legislature,  nor  to  impute  their 
acts  to  improper  motives,  but  I  hope  I  may  be  permitted 
to  inquire,  for  what  good  and  honorable  purpose  has  this 
resolution  been  sent  here  for  concurrence  at  the  very  last 
moment  of  our  session?  Is  it  to  create  discord  among  us 
and  destroy  that  harmony  and  good  feeling  which  ought  to 
prevail  at  our  separation?  We  have  spent  rising  of  three 
months  in  legislation,  and  not  one  word  has  been  said,  in- 
timating a  desire  or  intention  to  expel  that  honorable  gen- 
tleman from  the  bo-ird  of  canal  commissioners.  Sir,  he 
was  called  to  that  place  by  the  united  voice  and  common 
consent  of  the  people  of  this  state,  on  account  of  his  pe- 
culiar and  transcendent  fitness  to  preside  at  that  board,  and 
by  his  council  stimulate  and  forward  the  great  undertaking 
His  labor  for  years  has  been  ardent  and  unceasing  for  the 
public  good  J  he  endured  slander  and  persecution  from 
every  direction  like  a  Christian  martyrj  but  steadfast  in  his 
purpose,  he  pursued  his  course  with  a  firm  and  steady 
step,  until  all  was  crowned  with  success,  and  the  most  ar- 
dent of  his  opposers  sat  in  sullen  silence. 


1824.]  OF   NEW- YORK.  161 

"  For  what,  let  me  ask,  did  Mr.  Clinton  endure  all  tins'? 
Was  it  for  the  sake  of  a  salary?  No  sir,  it  was  for  the 
honor  and  welfare  of  his  state;  it  was  from  noble  and 
patriotic  motives  and  for  which  he  asked  nothing,  nor  did 
he  expect  anything  but  the  gratitude  of  his  fellow-citi- 
zens. 

"  Now  sir,  I  put  the  question  to  this  honorable  house  to 
decide  upon  the  oath  v;hich  they  have  taken,  and  upon 
their  sense  of  propriety  and  honor,  whether  they  are 
ready  by  their  votes  to  commit  the  sin  of  ingratitude. 

"  I  hope  there  is  yet  a  redeeming  spirit  in  this  house — 
that  we  will  not  be  guilty  of  so  great  an  outrage.  If  we 
concur  in  this  resolution,  we  shall  take  upon  ourselves  an 
awful  responsibility,  one  for  which  our  constituents  will 
call  us  to  a  strict  account.  What,  let  me  ask,  shall  we 
answer  in  excuse  for  ourselves,  when  we  return  to  an  in- 
quisitive and  watchful  people*?  What  can  we  charge  to 
Mr.  Clinton  1  what  can  we  say  he  has  been  guilty  of,  that 
he  should  be  singled  out  as  an  object  of  state  vengeance? 
Will  some  friend  of  this  resolution  be  kind  enough  to  in- 
form me  1  Sir,  I  challenge  an  inquiry,  I  demand  from 
the  supporters  of  this  high  handed  measure,  that  they  lay 
their  hands  on  their  hearts  and  answer  me  truly  for  what 
cause  is  this  man  to  be  removed. 

"  I  dare  assert  in  my  place  that  his  doings  as  a  canal 
commissioner  are  unimpeached,  and  unimpeachable,  and 
such  as  have  even  elicited  the  plaudits  and  admiration  of 
his  political  enemies.  This  sir,  is  the  official  character  of 
the  man  whom  we  now  seek  to  destroy.  I  hope  that  this 
house  will  pardon  me  when  I  freely  declare  my  opinion 
that  this  resolution  was  engendered  in  the  most  unhallow- 
ed feelings  of  malice,  to  effect  some  nefarious  secret  pur- 
pose at  the  expense  of  the  honor  and  integrity  of  this  le- 
gislature; however  hard  it  may  seem,  it  is  the  irresistible 
impulse  of  my  mind.     Some  may  call  me  a  federalist  or 

K 


162  POLITICAL    HISTORY  [1824. 

Clintonianj  and  hence  my  zeal  manifested  on  this  occasion; 
not  so  sir,  no  party  name  or  feeling  shall  be  suffered  to 
influence  my  conduct  or  my  vote  when  considerations  of 
justice,  of  gratitude,  and  of  principle  make  their  demands 
upon  me.  However  much  I  esteem  Mr.  Clinion  as  a 
profound  statesman  and  scholar,  I  am  not  embarked  in  his 
political  fortunes,  but  free  and  untrammelled  without  fear, 
favor,  or  affection. 

"  I  am  well  aware  that  some  honorable  gentlemen  may 
think,  if  they  vote  against  this  resolution,  they  will  be  sus- 
pected in  their  politics;  such  considerations  ought  not  to 
influence  us  on  this  subject.  Mr.  Clinton  is  not  in  the 
political  market,  he  reposes  in  the  shades  of  honorable 
retirement — he  asks  for  no  office  and  possesses  none  but 
the  one  of  which  he  is  about  to  be  stripped. 

"  The  senate,  it  appears,  have  been  actuated  by  some 
cruel  and  malignant  passion  unaccounted  for,  and  have 
made  a  rush  upon  this  house  and  taken  us  on  surprise. 
The  resolution  may  pass,  but  if  it  does,  my  word  for  it, 
we  are  disgraced  in  the  judgment  and  good  sense  of  an  in- 
jured but  intelligent  community.  Whatever  the  fate  of 
this  resolution  may  be,  let  it  be  remembered  that  Mr. 
Clinton  has  acquired  a  reputation  not  to  be  destroyed  by 
the  pitiful  malice  of  a  few  leading  partizans  of  the  day. 

"  When  the  contemptible  parly  strifes  of  the  present  day 
shall  have  passed  by,  and  the  political  bargainers  and 
jugglers,  who  now  hang  round  this  capitol  for  subsistence, 
shall  be  overwhelmed  and  forgolten  in  their  own  insignifi- 
cance— when  the  gentle  breeze  shall  pass  over  the  lomb 
of  that  great  man,  carrying  with  it  the  just  tribute  of  honor 
and  praise  which  is  now  withheld — the  pen  of  the  future 
historian,  in  better  days  and  in  better  times,  will  do  him 
justice,  and  erect  to  his  memory*  a  proud  monument  of 
fame  as  imperishable  as  the  splendid  works  which  o'.ve 
their  origin  lo  his  genius  and  perseverance. 


1824.]  OF    NEW-YORK.  163 

"  Sir,  I  have  done — and  I  have  only  to  beseech  every 
honorable  gentleman  on  this  floor,  to  weigh  and  consider 
well  the  consequences  of  the  vote  he  is  about  to  give  on 
this  important  question.  It  is  probably  the  last  that  will 
be  given  this  session,  and  I  pray  God  it  may  be  such  as 
will  not  disgrace  us  in  the  eyes  of  our  constituents." 

It  is  proper  to  add,  that  Mr.  Cunningham  was  not  an 
educated  man,  but  was  a  man  of  genius,  warm  hearted  and 
naturally  eloquent. 

In  the  assembly,  as  well  as  in  the  senate,  nearly  all  the 
members  belonging  to  the  people's  party,  who  were  sup- 
porters of  Mr.  Adams,  voted  for  the  resolution,  while 
some  of  the  Crawford  men  voted  against  it. 

Wheaton  and  Tallmadge  voted  for  the  removal.  They 
also  were  taken  and  intended  to  be  taken  by  surprise. — 
But  it  was  the  most  unfortunate  vote  ever  given  by  Gen. 
Tallmadge;  for  had  it  not  been  for  that  vote,  he  would 
undoubtedly  have  been  the  next  governor  of  the  state  of 
New- York,  with  the  consent  and  support  of  the  whole 
Clintonian  party. 

The  legislature  then  adjourned  to  the  first  Monday  in 
November. 

The  removal  of  De  Witt  Clinton  could  not  have  been 
devised  or  advised  by  Van  Buren.  The  news  of  this  out- 
rage operated  like  an  electric  shock  on  the  whole  com- 
munity. Upon  a  short  notice,  the  citizens  of  Albany 
rushed  to  the  capitol  in  great  numbers  and  appointed  the 
venerable  John  Tayler  chairman,  and  an  aged  revolution- 
ary veteran.  Gen.  John  H.  Wendell,  secretary.  The 
meeting  was  addressed  with  impassioned  and  unsurpassed 
eloquence  by  Col.  James  McKovk'n,  whom  I  have  had 
occasion  heretofore  to  mention,  as  in  the  years  1819  and 
'20  a  distinguished  member  of  assembly  from  the  city  of 
Albany.  Ai  the  conclusion  of  his  speech,  "  Mr.  McKown 
read  the  following  resolutions,  which  were  separately  put 


164  POLITICAL     HISTORY  [1824. 

to  the  meeting  by  the  chairman,  and  adopted  amidst  the 
strongest  expressions  of  reiterated  applause  : 

"  Resolvedj  That  the  late  removal  of  De  Witt  Clinton, 
confessedly  without  any  pretence  of  misconduct,  from 
the  office  of  canal  commissioner,  the  duties  of  which  he 
had  for  fourteen  years  discharged  with  distinguished  zeal 
and  ability,  and  without  any  pecuniary  reward,  is  a  most 
flagrant  and  wanton  violation  of  public  trust,  injurious 
to  the  interest  of  the  state,  and  an  act  of  ingratitude  and 
injustice  revolting  to  the  moral  sense  of  every  honorable 
man,  and  unparalleled  in  the  political  history  of  this 
country. 

"  Resolved,  That  we  have  sought  in  vain  for  any  pallia- 
ting circumstances,  to  mitigate  this  most  glaring  outrage, 
and  that  we  can  only  regard  it  as  the  offspring  of  that  ma- 
lignant and  insatiable  spirit  of  political  proscription,  which 
has  already  so  deeply  stained  the  annals  of  our  state. 

"  Resolved,  That  the  perpetrators  of  this  act  of  violence 
and  ingratitude,  are  utterly  unworthy  of  public  confidence 
and  justly  deserve  the  reprobation  of  an  injured  and  in- 
sulted community. 

"  Resolved,  That  for  the  boldness  with  which  he  plan- 
ned, the  patriotic  devotion  with  which  he  undertook  and 
the  high  and  commanding  talents  and  unremitted  ardour 
with  which  he  has  successfully  prosecuted,  a  scheme  of 
internal  improvement  surpassing  in  magnitude  all  that  had 
ever  been  conceived  on  this  side  of  the  Atlantic,  and  no 
less  useful  than  it  is  grand,  this  distinguished  citizen  is  en- 
titled to  the  admiration,  gratitude  and  the  applause  of  his 
country,  and  especially  of  the  state  of  New- York. 

"  Resolved,  That  William  James,  Ebenezer  Baldwin, 
Joseph  Alexander,  Philip  S.  Parker,  Isaiah  Townsend, 
Israel  Smith,  Samuel  M.  Hopkins,  Chandler  Starr,  Elisha 
Jenkins,  Gideon  Hawley,  Teunis  Van  Vechten,  John  Cas- 
sidy,   Jeremiah    Waterman,    James  M'Kown,  Jabez   D. 


1S24.]  OF    NEW-YORK.  166 

Hammond  and  Alfred  Conckling,  together  with  the  chair- 
man and  secretary,  be  a  committee  to  express  to  him,  in 
behalf  of  this  meeting,  the  lively  sense  which  we  entertain 
of  these  very  highly  meritorious  services,  and  to  tender  to 
him  the  tribute  of  our  warmest  thanks." 

These  resolutions  were  drawn  by  Alfred  Conckling,  now 
a  judge  of  the  United  States  court  of  the  northern  district 
of  New- York. 

The  people  of  the  city  of  New- York  also  held  a  meet- 
ing, at  which  they  denounced  with  great  severity  the 
removal  of  Mr.  Clinton,  and  took  the  unusual  course  of 
appointing  a  committee  of  twenty-five  of  their  most  distin- 
guished citizens,  among  whom  were  William  Bayard, 
Thomas  Addis  Emmet,  C.  D.  Colden  and  Thomas  Hertell, 
to  visit  Mr.  Clinton  at  Albany,  and  in  person  make  known 
to  him  the  feelings  of  the  meeting.  This  committee  waited 
on  him  at  Albany,  and  their  address  to  him,  as  well  as  his 
reply,  were  highly  creditable  to  the  heads  and  hearts  of 
the  parties. 

It  is  a  singular  fact,  honorable  to  the  moral  sense  of  this 
community,  that,  since  this  transaction,  I  have  never 
heard  a  single  individual,  of  any  political  sect,  speak  of  it 
without  reprobating  it. 

The  measure  did  not  have  the  effect  intended  by  the 
Crawford  party  in  the  legislature.  The  Clintonians  uni- 
versally perceived  the  motives  which  induced  the  act 
They  were  convinced  that  it  was  contrived  with  a  view 
to  entrap  the  people's  party.  If  they  voted  against  the 
removal,  then  they  were  to  become  identified  with  the 
Clintonians;  if  they  voted  for  it,  then  the  Clintonians  were 
to  denounce  them.     The  contrivance  did  not  succeed. 

I  have  dwelt  with  more  particularity  on  the  removal  of 
Mr.  Clinton,  because,  from  the  moment  it  occurred,  and 
not  until  then,  his  friends  began  to  insist  that  he  should  be 
the  next  candidate  for  governor;  and  I  do  not  think  it 


166  POLITICAL    HISTORY  [18;i4. 

unreasonable  to  infer,  that  his  removal  was  the  cause  of 
his  subsequent  nomination  and  election. 

It  is  scarcely  necessary  to  remark,  that  the  adjournment 
of  the  legislature  did  not  diminish  the  anxiety  and  excite- 
ment in  the  public  mind.  But  perhaps  no  individual  felt 
more,  or  reflected  with  more  painful  anxiety  on  the  events 
of  the  last  winter,  than  Gov.  Yates.  He  had  voluntarily 
surrendered  his  seat  on  the  bench  of  the  supreme  court, 
which  unquestionably  he  might  have  retained  for  some  ten 
or  twelve  years;  he  had,  upon  the  organization  of  the  go- 
vernment under  the  new  constitution,  encountered  all  the 
difficulties  and  responsibilities  of  distributing  the  state  pa- 
tronage among  thousands  of  powerful  competitors;  and  he 
had  served  his  party,  sometimes  at  the  expense  of  sacrifi- 
cing his  individual  predilections,  with  fidelity.  But  he 
was  now  cast  off  and  doomed  to  retirement,  while  his  rival, 
(Col.  Young,)  was  to  enjoy  that  distinction  and  authority 
which  he  believed  fairly  and  of  right  to  be  his.  To  such 
a  state  of  things  he  could  not  yield  a  quiet  submission. 
He  was  told,  and  he  believed,  that  he  had  lost  his  popula- 
rity by  refusing,  in  his  message  in  January,  to  recommend 
an  electoral  law,  and  he  persuaded  himself  that  the  party 
in  favor  of  that  measure,  which  he  knew  was  composed  as 
well  of  the  Clinlonians  as  the  people's  men,  were  so  much 
divided  in  opinion  about  the  selection  of  a  gubernatorial 
candidate,  that  if  he  were  to  place  himself  in  an  attitude 
which  would  enable  them  with  any  decent  regard  to  con- 
sistency to  support  him  as  their  candidate,  in  all  probability 
they  would  do  so;  or  if  in  this  view  of  the  case  he  was 
mistaken — if  he  was  to  come  out  publicly  in  favor  of  the 
measure  which  had  recently  excited  so  much  attention — it 
would  create  such  confusion  in  the  ranks  of  the  supporters 
of  Col.  Young,  as  would,  in  all  probability,  defeat  a  rival 
for  whom  it  cannot  be  supposed  he  entertained  much  affec- 
tion.    It  must  have  been  under  some  such  impressions, 


182-1.1  OF    NEW-YORK.  16'^ 

tnat,  contrary  to  the  expeclations,  ami  to  the  surprise  of 
all  parties,  on  the  2ncl  day  of  June  he  issued  a  proclama- 
tion requiring  an  extra  session  of  the  legislature  on  the 
2nd  day  of  August. 

His  proclamation  recited,  that  whereas,  contrary  to  his 
anticipations  when  he  communicated  his  annual  message, 
congress  had  adjourned  without  having  taken  any  action 
on  the  subject  of  amending  the  constitution  in  relation  to 
the  choice  of  presidential  electors;  and  whereas,  during 
the  last  session,  a  bill  had  nearly  unanimously  passed  the 
assembly,  giving  to  the  people  the  power  to  choose  the 
electors,  which  had  been  postponed  in  the  senate;  and  also 
whereas,  the  people  were  justly  alarmetl  with  the  appre- 
hension that  '•Hheir  undoubted  righf''  of  choosing  the  elect- 
ors of  president  and  vice-president  would  be  withheld  from 
them;  therefore,  for  the  purpose  of  enabling  their  repre- 
sentatives to  carry  into  effect  their  wishes  in  this  respect, 
he  directed  an  extra  meeting  of  the  legislature.  But  this 
expedient  did  not  result  in  any  personal  benefit  to  Gov. 
Yates,  unless  the  defeat  of  Col.  Young  was  a  gratification 
to  his  feelings.  The  Clinlonian  party  could  not  be  brought 
to  look  upon  him  with  favor,  and  it  was  too  late  to  change 
the  current  of  the  people's  party  in  his  favor.  The  friends 
of  Mr.  Crawfortl  viewed  his  conduct  with  sensations  of 
surprise  and  indignation. 

During  this  year,  Mr.  Leake  resigned  his  office  as  one 
of  the  state  printers,  and  the  printing  for  the  state  was 
confided  solely  to  Mr.  CroswelL  The  cause  of  this 
chana'e  was  that  Mr.  Leake  was  an  honest  and  decided 
friend  to  Mr.  Clay  lor  the  presidency,  while  Mr.  Cr-os- 
well  was  equally  decided  in  favor  of  Mr.  Crawford. 
Both  gentlemen  having  become  fixed  and  settled  in  their 
respective  predilections  and  a  large  majority  of  the  pa- 
trons of  the  Argus  concurring  in  opinion  with  Mr. 
Croswellj  an  amicable  arrangement  was  made  between  the 


16S  POLITICAL     HISTORY  [1824. 

parties  in  interest  by  which  Mr.  Leake  voluntarily  with- 
drew from  the  concern. 

On  the  2nd  of  August,  there  was  a  very  fu'.l  attenijance 
of  the  mombersof  the  letjislature  at  Albany,  and  as  soon  as 
the  senate  was  opened  and  before  the  governor's  message 
was  delivered,  one  of  the  seventeen  senators  who  had 
voted  against  the  electoral  law,  (By ram  Green,)  moved  a 
resolution  censuring  the  governor  for  calling  the  legislature 
together.  The  governor's  message  contained  a  reiteration 
of  the  sentiments  contained  in  his  proclamation,  anl 
strongly  urged  the  propriety  of  passing  an  electoral  lav/. 

It  strikes  me  it  would  have  been  better  for  the  governor 
frankly  to  liave  avowed,  that  since  the  delivery  of  his  an- 
nual message  he  had  changed  his  opinion  on  that  sub- 
ject; for  there  really  was  something  ludicrous  in  the  i)re- 
tension  that  at  the  time  when  he  wrote  his  message  in  .Jan- 
uary, he  seriously  believed  that  by  any  action  of  congress 
the  United  States  constitution  would  be  amended  so  as  to 
change  the  mode  of  choosing  eh  ctors.  He  knew  well, 
that  congress  could  not,  if  they  would,  at  the  then  ni'xt 
election  restore  the  people  to  "  their  undoubted  right  "  of 
choosing  the  presidential  electors;  and  every  sane  m;  n 
knew  that  by  a  constitutional  majority  they  would  not,  if 
they  could. 

Immediately  after  the  governor's  message  was  read,  Mr. 
Flagg  offered  the  following  resolutions  : 

"  Resolved,  That  since  the  last  adjournment  of  the  le- 
gislature, nothing  has  transpired  within  the  letter  or  spirit 
of  the  constitution,  requiring  an  extraordinary  session  at 
this  time;  and,  therefore,  the  proclamation  of  the  gover- 
nor convening  the  same,  is  not  warranted  by  the  constitu- 
tion. 

"  Resolvcdj  That  inasmuch  as  the  transaction  of  legis- 
lative business  in  obedience  to  a  proclamation  thus  indis- 
creetly   issued,  and    especially    in    relation    to  a  subject 


1824.]  OF    NEW-YORK.  169 

which  had  been  repeatedly  discussed  and  acted  upon  by 
the  legislature  at  their  last  meeting,  would  sanction  a  pre- 
cedent of  dangerous  tendencyj  and  that  it  is  due  to  the 
members  of  the  legislature,  as  well  as  to  the  constitution 
under  which  they  sit,  and  the  oath  they  have  taken  to  sup- 
port it,  as  to  the  highest  and  best  interests  of  their  constitu- 
ents, that  they  should  forthwith  adjourn — Therefore, 

"  Resolved^  (if  the  senate  concur,)  the  two  houses  will 
immediately  adjourn,  to  meet  again  pursuant  to  law," 

The  two  first  resolutions  were  adopted  by  a  majority 
of  the  house,  although  that  same  house,  I  believe,  on  the 
same  day,  passed  a  resolution,  by  a  vote  of  seventy-five  to 
forty-four,  that  an  electoral  law  ought  to  be  passed.  Du- 
ring the  discussion  of  these  resolutions  much  heat  was 
excited,  and  some  very  able  and  eloquent  speeches  were 
delivered.  Gen,  Tallmadge,  in  particular,  distinguished 
himself  by  several  powerful  addresses,  and  on  one  occasion 
drew  forth  such  tumultuous  applause  from  the  galleries 
that  the  authority  of  the  speaker  was  put  in  requisition, 
and  was  hardly  sufficient  to  preserve  any  thing  like  order. 

Not  a  single  act  of  legislation  was  accomplished ; 
and  the  two  houses  adjourned  on  the  6th  of  August  to  the 
first  Monday  in  November,  after  a  session   of  four  days. 

If  Gov,  Yates  had  any  personal  views  in  calling  this  ex- 
tra session,  he  entirely  failed  of  realizing  them.  To  him, 
individually,  the  movement  was  injurious;  but  to  the  party 
opposed  to  the  election  of  Col.  Young,  it  was  highly  bene- 
ficial, as  it  served  to  continue  and  increase  the  agitations 
of  the  public  mind,  and  strengthen  the  opposition  to  the 
Crawford  party. 

After  the  adjournment  of  the  legislature,  all  eyes  were 
turned  with  intense  anxiety  to  the  Utica  convention. 
Many  of  the  political  and  personal  friends  of  Mr.  Clin- 
ton began  to  put  themselves  in  motion  and  to  urge  his 
nomination,  while  others  of  that  class  doubted  the  propri- 


170  POLITICAL    HISTORY  [1?24. 

ety  of  the  measure.  Several  of  the  latter  M'o.e  amon<^  his 
most  respectable  personal  frieiuls.  They  believed  the 
prejudice  against  irun  so  universal,  that  to  bring  him  be- 
fore the  public  at  that  time,  would  be  a  (hingerous  experi- 
ment, and  would  be  hazarding  too  much;  while  others, 
ardent  for  the  prostration  of  the  Albany  Regency,  and 
looking  to  the  success  of  the  cause  in  which  they  were 
engaged  as  paramount  to  all  other  considerations,  enter- 
tained apprehensions  that  that  success  would  be  unneces- 
sarily jeopardised  by  the  nomination  of  Clinton,  in  conse- 
quence of  the  existence  of  the  mass  of  prejudice  to  which  I 
havf  alluded.  Gen.  Tallmadge  was  a  connexion  of  the 
Clinton  family.  He  had,  for  many  years,  been  a  Clinto- 
nian,  and  as  such  had  been  elected  a  member  of  congress; 
but,  at  the  convention  of  1821,  had  claimed  to  be  of 
the  other  party.  In  the  winter  of  1S21  he  was  univer- 
sally the  favorite  canditlate  for  governor,  of  the  Clintonian 
party.  But  his  vote  on  the  removal  of  Mr.  Clinton  from 
the  office  of  canal  commissioner,  had  changed  that  partiality 
into  the  most  bitter  feeling  of  hostility. 

Such  was  the  personal  resentment  entertained  against 
him,  that  the  Clintonians  would  much  more  willingly  have 
supported  Henry  VVheaton,  who  had,  from  the  time  of  the 
establishment  of  the  National  Advocate,  to  the  time  of  his 
vote  for  the  removal  of  Clinton,  steadily,  and  I  may  add, 
bitterly  opposed  hitn.  Wheaton  had  acted  in  accordance 
with  his  uniform  political  course;  Tallmadge  was  consid- 
ered as  having  added  treachery  to  an  unprincipled  act, 
resting  on  political  expedience  alone  for  its  defence. 

Mr.  Clinton  himself,  who,  as  I  have  somewhere  else 
observed,  generally  looked  at  a  given  end  without  taking 
care  to  provide  for  the  means  of  accomplishing  it,  was 
sanguine  in  his  hopes  of  success,  not  only  of  a  nomination 
but  an  election. 


L 


1824.] 


OF    NEW-YOllK. 


171 


There  was  a  young  man  by  the  name  ol"  Charles  G. 
Haines  who,  some  few  years  before,  had  emigrated  from 
the  state  of  New-Hampshire  to  the  city  of  New-York,  an 
acquaintance,  and  I  believe,  a  classmate,  of  Mr  Carter  of 
the  New-York  Statesman,  who  had  been  introduced  to  the 
notice  of  ?.Ir.  Clinton  while  he  was  governor.  Mr.  H. 
was  a  man  of  fine  appearance  and  good  address.  He 
wrote  much  on  political  subjects,  and  with  great  facility 
and  fluency.  Although  a  young  man  of  great  activity  and 
energy,  his  talents  were  rather  of  the  showy  kind — more 
brilliant  than  solid.  He  was  the  advocate,  perhaps  I 
ought  to  say,  the  eulogist  of  Gov.  Clinton — the  weakest 
point  in  whose  character  was  too  great  fondness  for  praise 
— a  weakness  w'hich  degenerated  into  an  appetite  for  per- 
sonal adulation.  Mr.  Haines  soon  became  a  great  favorite 
and  for  some  time  while  Mr.  C.  was  governor  Mr.  Haines 
was  his  private  secretary.  This  young  gentleman  took  a 
verv  active  part  in  procuring  the  nomination  of  Mr.  Clin 
ton.  He  opened  a  correspondence  v.'ilh  the  political 
friends  of  Clinton  in  every  part  of  the  state.  He  travelled 
from  one  county  to  another;  he  wrote  and  published  in 
the  leading  Clintonian  newspapers  in  favor  of  Mr.  Clin- 
ton's nomination;  and  he,  in  person,  exliorted  his  friends 
everywhere  to  stand  firm  in  his  supj)ort.   [See  JVote  I.\ 

On  the  other  hand,  the  people's  party  proper,  at  the 
head  of  whom  stood  Tallraadge,  Wheaton,  Burt,  Ogden, 
Burrows,  and  others,  entertained  the  most  invincible  pre- 
judices against  Clinton.  But  they  had  no  man  whose 
standing  would  warrant  them  to  bring  forward  as  governor 
except  Gen.  Tallmadge,  and  the  aversion  to  him  on  the 
part  of  the  Clintonians  was  equally  invincible.  Had  the 
people's  party  have  been  able  to  have  offered  some  other 
man  of  equal  standing  and  talents  with  Mr.  Tallmadge,  I 
am  inclined  to  believe,  a  majority  of  the  Clintonian  narty 
would  have  yielded  him  their  support. 


172  POLITICAL    HISTORY  [1824. 

The  Utica  convention  contained  an  assemblage  of  men 
ninny  of  whom  were  distinguished  for  their  talents,  weight 
ot  iiiaiacter,  and  private  worth;  but  when  organized,  it 
was  soon  ascertained  that,  as  between  Gen.  Tallmadge  and 
Mr.  Clinton,  a  large  majority  of  the  members  were  favora- 
ble to  the  latter. 

One  hundred  and  twenty-two  delegates  were  present. 
The  first  day  was  spent  in  organizing,  and  in  ascertaining 
each  other's  opinions  and  views.  There  were  in  the  con- 
vention, if  I  rightly  recollect,  about  thirty  people's  men. 
These  were  all  in  favor  of  Tallmadge;  and  besides  these, 
several  Clintonians  thought  his  nomination  would  be  most 
judicious,  among  whom  were  Mr.  Gerrit  Smith  of  Madison, 
and  Doct.  Barstow  of  Tiogja.  The  meeting  was  organized 
by  the  appointment  of  the  venerable  John  Tayler  of  Alba- 
ny, presitlent,  Alexander  Coffin,  an  old  and  highly  respecta- 
ble citizen  of  Hudson,  and  an  uniform  democrat,  vice 
president,  and  Samuel  Stevens  of  Washington  county 
since  so  brilliantly  distinguished  as  an  eminent  lawyer, 
then  a  people's  man,  secretary. 

Tlie  people's  party  in  the  convention,  finding  it  was 
impossible  to  nominate  Tallmadge,  proposed  John  W. 
Taylor  of  Saratoga,  late  speaker  of  the  United  States 
house  of  representatives,  who  was  known  as  a  Clintonian. 
A  majority  of  the  Clintonian  members  manifested  a  dispo- 
sition to  accede  to  this  proposition:  but  Mr.  Viele,  a  de- 
legate from  Saratoga,  produced  a  letter  from  Mr.  Taylor 
positively  declining  a  nomination.  Of  course  this  amica- 
ble arrangement  could  not  be  consummated.  And  here  I 
beg  leave  to  pause  in  my  narrative,  for  the  purpose  of 
making  a  single  remark.  Mr.  Taylor  was  a  supporter  of 
Adams — Mr.  Clinton  of  Jackson.  Had  Taylor  have  been 
elected  governor,  he  would,  by  his  prudence  and  address, 
soon  have  amalgamated  the  Clintonian  and  people's  party 
into  one  compact,  organized  body;  and  the  state,  in  all 


1S24]  OF     NEW  YORK.  173 

human  probability,  would  have  supported  the  administra- 
tion of  Mr.  Adams,  and  his  re-election.  Had  it,  in  1826 
and  '27,  been  universally  believed  that  the  great  state  of 
New-York  would  have  given  its  vote  for  the  re-election 
of  Mr.  Adams,  in  1828,  is  it  not  probable  that  he  would 
have  been  re-elected?  What  great  events,  in  the  political 
as  well  as  the  natural  world,  may  be  produced  by  appa- 
rently trifling  causes  ! 

On  the  the  22nd  September,  De  Witt  Clinton  was  nomi- 
nated governor  by  a  large  majority,  and  James  Tallmadge 
was  unanimously  nominated  lieutenant  governor. 

The  convention,  before  they  adjourned,  resolved,  that 
legislative  caucusses  were  improper,  and  that  justices  of 
the  peace  ought  to  be  elected  by  the  people.*  Both  these 
resolutions  were  in  themselves  correct,  and  in  accordance 
with  the  public  sentiment  at  that  period. 

As  soon  as  it  was  declared  in  convention  that  De  Witt 
Clinton  was  nominated,  Mr.  Coffin,  the  vice-president,  the 
New-York  Delegation  and  most  of  the  members  who  be- 
longed to  the  people's  party  seceded  in  a  body  from  the 
convention  and  formed  another  meeting,  of  which  Mr. 
Coffin  was  made  chairman,  and  Mr.  Todd,  of  New-York, 
secretary.  But,  alas!  what  could  they  do?  A  conven- 
tion of  delegates,  chosen  by  citizens  "  in  favor  of  the  elec- 
toral law,"  had  in  pursuance  of  their  own  recommenda- 
tion met,  and  after  free  and  full  discussion,  nominated  the 
state  executive  officers.  As  the  high  minded  federalists, 
some  years  before,  had  said  of  themselves  and  of  the 
federal  party,  they  had  no  ground  of  principle  to  stand 
upon.  They  were  committed  against  Young — they  were 
committed  against  Clinton.  If  they  held  up  a  candidate 
of  their  own,  the  consequence  would  be,  either  Mr.  Clin- 
ton or  Mr.  Young  would  be  elected,  to  both  of  whom  they 
were  opposed.  In  this  posture  of  affairs,  they  contented 
themselves  with  publishing  a  protest  against  the  nomina- 

*  This  resolution  was  moved  by  Gen.  J.  Gebhard  of  Schnharifl 


174  POLITICAL    HISTORY  .         [1824. 

tion  of  Mr.  Clinton,  and  resolving  that  they  wouhl  sup- 
port Gen.  Tallmadge  as  lieut.  governor.  This  movement 
did  not,  I  imagine,  pro>luce  much  effect  either  one  way  or 
the  other.  At  any  rate  I  do  not  think  it  weakened  the 
support  of  Mr.  Clinton.  It  rather  had  the  effect  of 
banishing  all  suspicion  of  a  secret  understanding  belweea 
the  Clintonians  and  people's  party. 

After  Mr.  Clinton's  nomination,  a  strong  effort  was 
made  to  induce  the  democratic  friends  of  the  electoral 
law  to  support  Col.  Young.  Previous  to  the  U tica  con- 
vention Mr.  Young,  in  a  letter  to  Mr.  Hudson,  a  member 
of  the  assembly  from  Madison  county,  had  declared  him- 
self in  favor  of  such  a  law  and  of  Henry  Clay  for  presi- 
dent. After  the  Ulica  convention,  Mr.  Young  again  wrote 
to  Jesse  Clark,  a  member  of  the  senate  from  Seneca  coun.- 
ty,  repeating  what  he  had  stated  to  Mr.  Hudson,  and  declar- 
ing that  his  opinions  remained  unchanged.  This  letter 
beais  date  on  the  29th  September,  which,  it  will  be  seen, 
was  a  few  days  after  the  convention.  Both  letters  were 
published  in  most  of  the  newspapers  printed  in  the  state. 
The  publication  of  these  letters  utterly  failed  in  drawing 
to  the  support  of  Mr.  Y.  the  real  friends  of  the  electoral 
law.  Whatever  might  be  Col.  Young's  private  opinions, 
they  regarded  him  as  the  selected  agent  of  the  Albany 
Regency,  who  was  to  execute  their  behests.  They  could 
not  believe  that  the  favorite  of  the  seventeen  senators 
who  had  deliberately  denied  the  people  the  right  of 
choosing  their  own  agents,  was  sincerely  attached  to  those 
principles  which  the  same  senators  had,  by  their  vote, 
solemnly  repudiated.  While,  on  the  other  hand,  honor- 
able men,  who  had  opposed  the  electoral  law,  anil  were 
sincerely  desirous  of  the  election  of  Mr.  Crawford  as  the 
only  real  democratic  candidate,  were  displeased  and  dis- 
gusted at  an  act  of  their  candidate,  for  the  first   office  in 


1824.]  OF    NEW- YORK.  175 

the  state,  which,  on  the  face  of  it,  was  condemnatory  of 
their  own  political  course. 

The  result  of  the  election  in  November  astounded  men 
of  all  parties.  It  was  a  complete  tornado.  Mr.  Clinton 
was  elected  governor  by  a  majority  of  sixteen  thousand 
nine  hundred  and  six  votes  over  Col.  Young;  and  Gen. 
Tallmadge's  majority  over  General  Root  was  thirty-two 
thousand  four  hundred  and  nine.  In  the  county  of  Tomp- 
kins, Tallmadge  received  three  thousand  six  hundred  and 
thirty-three  votes,  and  Root  only  three  I  In  the  same 
county  Young  obtained  a  majority  of  two  hundred  and 
thirty-two  over  Clinton.  In  six  of  the  eight  senatorial 
districts,  the  people's  or  Clintonian  ticket  was  successful. 
What  a  change  !  Only  two  years  before,  every  district  in 
the  state  had  chosen  strictly  caucus  or  regency  candidates. 

In  the  assembly,  a  very  large  majority  (more  than 
three  to  one,)  of  the  members  were  opposed  to  the  Albany 
Ptegency. 

The  senators  elected,  were — 

From  the  First  District,  Cadwallader  D.  Colden, 


u 

Second    do., 

Wells  Lake, 

u 

Third      do.. 

Richard  McMichael, 

u 

Fourth    do.. 

John  Crary, 

< 

Fifth      do.. 

George  Brayton, 

(( 

Sixth       do.. 

Slukely  Ellsworth, 

u 

Seventh  do.. 

John  C.  Spencer, 

u 

Eighth    do., 

Samuel  Wilkinson. 

Mr.  Lake  and  Mr.  Ellsworth  were  elected  on  the  regu- 
lar democratic  ticket,  and,  by  their  opponents,  were  called 
regency  men;  all  the  rest  were  Clintonians.  In  the  sev- 
enth district  Byram  Greene,  the  late  senator,  was  the  oppo- 
sing candidate  to  Mr.  Spencer.  He  was  the  only  member 
of  the  celebrated  seventeen  who  ventured  himself  as  a 
camlidate,  and  he  was  beaten  by  a  tremenaous  majority. 
Dudley  jMarvin,  a  member  of  congress,  of  great  wit  and 


176  POLITICAL    HISTORY  [1824. 

good  humor,  speaking  of  Mr.  Spencer's  majority  and  of 
Mr.  Greene,  told  Mr.  S.  he  "  had  got  a  greater  majority 
than  if  he  had  run  alone."*^ 

In  the  sixth  district,  Mr.  John  B!akely,  a  member  of  the 
people's  party,  was  the  opposing  candidate  to  Mr.  Ells- 
worth, and,  contrary  to  all  reasonable  expectation,  consid- 
ering the  strength  of  parties  in  the  district,  came  within  a 
very  few  votes  of  being  elected.  In  short,  never  was 
there  a  political  revolution  in  this  state  more  decisive  and 
complete. 

The  legislature  convened,  for  the  purpose  of  choosing 
presidential  electors,  on  the  2nd  of  November,  and  on  the 
next  day  a  caucus  was  held  in  the  senate  chamber  for  the 
purpose  of  nominating  the  electors.  The  republican 
members  of  the  two  houses  were  called  in  the  usual  form, 
by  a  written  notice.  Gen.  Root  was  appointed  chairman. 
He  directed  that  in  calling  the  roll  the  names  of  those 
members  in  attendance  who  joined  in  recommending  the 
Utica  convention  should  be  omitted.  This  decision  was 
appealed  from,  and  the  general  refused  to  put  the  question 
on  the  appeal.  The  meeting  at  length  dissolved  in  confu- 
sion, without  any  formal  action. 

On  the  10th  of  November,  however,  the  senate  nomi- 
nated electors  on  the  part  of  that  house.  There  were 
three  tickets  voted  for.  The  ticket  having  on  it  the  names 
of  thirty-six  electors  favorable  to  Mr.  Clay,  received  seven 
votes;  that  in  favor  of  Mr.  Adams  received  seven  votes; 
and  that  in  favor  of  Mr.  Crawford,  seventeen.  Thus,  it 
will  be  seen,  that  the  same  number  of  votes  were  given 
for  the  Crawford  ticket,  as  there  were  senators  who  voted 
for  the  indtfinite  postponement  of  the  electoral  law.  The 
same  men  who  voted  for  that  postponement  voted  for 
Crawford  electors.  The  Crawford  ticket  was,  of  course, 
nominated  in  tH%  senate. 


1824.]  OF    NEW-YORK.  177 

In  the  assembly  there  was,  for  some  time,  great  difficulty 
in  making  any  nomination,  there  not  being  a  majority  of 
that  body  in  favor  of«any  one  of  the  presidential  candi- 
dates. On  the  first  attempt  to  nominate,  the  Clay  ticket 
received  thirty-two  votes,  the  Crawford  forty-three,  and 
the  Adams  fifty.  After  considerable  raanceuvring,  a  com- 
promise between  the  friends  of  Mr.  Adams  and  Mr.  Clay 
was  effected,  and  it  was  agreed  to  form  a  ticket  composed 
of  electors  part  of  whom  were  for  Mr.  Adams  and  part  for 
Mr.  Clay.  The  ticket  thus  formed,  was  nominated  by  the 
assembly;  but,  upon  a  joint  ballot  of  the  two  houses,  in 
consequence  of  three  blank  votes,  so  nearly  were  the  par- 
ties divided,  that  only  thirty-two  out  of  the  thirty-six  elect- 
ors, were  declared  duly  chosen.  Upon  a  second  ballot, 
four  of  the  Crawford  men  were  elected.  It  will  be  seen, 
in  the  sequel,  that  these  four  votes  taken  from  Clay  and 
given  to  Crawford,  caused  him  to  be  one  of  the  three  can- 
didates who  received  the  highest  number  of  votes,  and 
excluded  Mr.  Clay  from  a  competition  in  the  house  of 
representatives;  for,  upon  the  final  canvass,  Mr.  Crawford 
received  in  the  United  States,  including  those  four  votes, 
forty-one  votes,  and  Mr.  Clay  thirty-seven.  Did  the  Ad- 
ams men,  in  the  New- York  legislature,  act  with  good  iaith 
towards  their  Clay  friends  ? 

At  the  time  the  electors  were  chosen,  it  was  well  known, 
that  no  election  of  president  would  be  made  by  the  elect- 
ors in  December;  that  the  election  would  eventually  be 
made  by  the  states  in  congress;  that  however  the  vote  of 
New-York  might  be  cast,  Mr.  Adams  and  Gen.  Jackson 
would  be  among  the  three  candidates  out  of  whom,  by  the 
constitution,  the  president  must  be  chosen;  and,  of  course, 
all  which  New- York  could  effect  by  her  vote  would  be  to 
decide  the  question  whether  Mr.  Crawford  or  Mr.  Clay 
should  be  a  candidate  before  the  house  of  representativts. 
Another  point  was  universally  conceded,  which  was,  that 

L 


178  POLITICAL    HISTORY  [1824. 

Mr.  Crawford,  if  he  received  votes  enough  to  carry  him 
into  the  house,  could  not  be  elected,  and  that,  in  all  hu- 
man probability,  if  Mr.  Clay  couW  be  one  of  these  candi- 
dates, he  would  be  elected.  Hence  it  may  be  inferred,  that 
the  friends  of  Mr.  Adams  were  really  interested  in  favor 
of  Crawford  as  against  Clay.  What  surprised  me,  was, 
that  Mr.  Crawford's  friends  did  not,  under  this  aspect  of 
the  case,  choose  Clay  electors.  In  this  way,  the  state  of 
New-York,  and  in  truth,  the  Crawford  party,  would  in 
fact  have  made  the  next  president.  It  is  probable,  that 
before  the  contest  terminated,  more  of  personal  feeling  had 
muigled  with  the  political  struggle  than  a  bystander  would 
have  been  led  to  suppose. 

On  the  3d  of  November,  Mr.  Knower  resigned  his  office 
as  treasurer,  and  Abraham  Keyser  of  Schoharie,  was,  be- 
fore the  adjournment  of  the  legislature,  appointed  his  suc- 
cessor. 

Several  new  banks  had,  during  the  winter  session,  been 
chartered,  among  which  was  the  Chemical  Bank  in  New- 
York.  During  the  November  session,  a  complaint  was 
made  that  the  passage  of  the  bill  for  chartering  this  bank 
had  been  procured  by  corrupt  means.  An  investigation 
was  ordered,  and  a  committee  appointed  with  power  to 
send  for  persons  and  papers.  The  evidence  given  before 
the  committee  afforded  a  most  disgusting  picture  of  the 
depravity  of  the  members  of  the  legislature,  and  indeed,  I 
might  say,  of  the  degradation  of  human  nature  itself.  Tiie 
attempt  to  corrupt,  and  in  fact,  corruption  itself,  was  not 
confined  to  any  one  party.  It  extended  to  individuals  of 
all  parties,  and  it  is  not  improbable  that  the  interest  of 
members  in  these  applications  for  moneyed  incorporations 
had  an  effect  on  the  political  action  of  some  of  them.  Mr 
Caldwell,  a  witness,  testified  that  he  heard  a  senator  say, 
"  I  am  a  Crawford  man  to-day,  but  unless  the  Chemicai 
IJank  passes  I   shall  be  a  people'^  man  to-morrow."     In 


1824.] 


OF    NEW-YORK. 


179 


short,  it  was  evident  that  the  foul  and  sickenint;  scenes  of 
1812,  had  been  re-enacted  in  1824. 

I  will  close  the  narialiveof  the  proceedings  of  this  year 
with  a  single  reflection,  which  is,  that  it  is  very  probable, 
if  the  friends  of  Mr.  Crawford  had,  at  the  coramencenient 
of  the  session  of  1824,  either, 

First.  Openly  and  frankly  declared  their  real  views — 
that,  in  their  judgment,  it  was  essential  for  the  preserva- 
tion of  the  republican  ascendancy  in  the  nation  that  Mr. 
Crawford  should  be  elected  president;  that  to  effect  their 
object  it  was  only  necessary  to  retain  the  law  as  it  then 
was,  and  had  been  ever  since  the  adoption  of  the  federal 
constitution:  to  wit,  that  the  electors  should  be  chosen  by 
the  legislature,  and  if  an  innovation  was  then  attempted, 
to  have  frankly  and  honestly  avowed  the  principles  upon 
which  they  acted.     Or, 

Second.  If  they  had  come  out,  as  perhaps  they  ought 
to  have  done,  considering  the  circumstances  and  pledges 
under  which  many  of  them  were  elected,  and  declared 
themselves  in  favor  of  an  electoral  law,  and  such  an  elec- 
toral law  as  was  in  accordance  with  our  usage  and  prac- 
tice ever  since  the  organization  of  the  government,  that 
is,  that  a  plurality  of  votes  should  decide  the  election; 
if  they  had,  in  good  fa^.i!,  supported  the  enactment  of 
such  a  law;  if,  after  ils  passage,  they  had  nominated,  as 
they  might  have  done,  electors  favorable  to  Mr.  Craw- 
ford; and  if  then,  in  conducting  the  election,  they  had 
denounced  every  man  who  should  oppose  such  nomina- 
tion as  a  traitor  to  the  republican  party,  I  sincerely  be- 
lieve that  the  discipline  of  party,  the  charm  of  names, 
and  the  high  character  and  real  merit  of  Mr.  Crawford, 
together  with  the  horror  which  at  that  time  was  felt, 
whenever  Clintonianism  or  federalism  was  mentioned, 
would  have  ensured  a  triumph  to  the  Crawford  party. 


180  POLITICAL    HISTORY  [1824. 

If  I  am  right  in  these  conjectures,  they* furnish  addi- 
tional evidence  that,  in  public  as  well  as  in  private 
transactions,  ultimate  success  is  most  effectually  secured 
by  frankness  and  candorj  and  that,  in  politics,  as  well  as 
in  private  dealings  between  man  and  man,  "  honesty  is 
the  best  policy.''* 


•s 


1825.] 


OF   NEW-YORK. 


181 


CHAPTER   XXXI. 


FROM  JANUARY  1,  1825,  TO  JANUARY  1,  1826. 

It  would,  perhaps,  have  been  more  agreeable  to  my 
general  plan  of  conducting  these  sketches,  before  I  closed 
the  last  chapter,  to  have  given  some  account  of  the  pas- 
sage of  three  acts  which  partook  of  a  party  character,  du- 
ring the  November  session  of  the  legislature. 

Although  there  was  a  majority  of  that  legislature  who 
were  opposed  to  that  class  of  politicians  who  were  called 
the  Albany  Regency  party,  yet  a  very  considerable  majo- 
rity of  the  members  in  both  houses  were  opposed  to  Mr. 
Clinton  and  desirous  of  restricting  his  power  and  patronage. 
This  will  account  for  the  legislative  action  which  took 
place  at  the  extra  session,  at  a  moment  when  the  regency 
knew  that  the  control  over  two  branches  of  the  govern- 
ment— the  assembly  and  the  executive  department — was 
about  to  pass  out  of  their  hands. 

As  a  sort  of  excuse  for  not  passing  an  electoral  law,  and 
as  if  they  were  uncertain  what  the  details  of  such  a  law 
ought  to  be,  they  passed  a  bill  directing  that,  at  the  next 
annual  election  the  inspectors  of  the  several  polls  should 
provide  three  boxes,  in  one  of  which  each  voter  might  de- 
posite  a  ballot,  on  which  should  be  written  "  By  Districts," 
or  "  By  general  ticket,  plurality,"  or  "  By  general  ticket, 
majority;"  and  that  the  result  of  this  voting  should  be 
certified  to  the  legislature  at  their  first  meeting  in  1826,  by 
the  secretary  of  state. 

They  were  sensible  that  there  would  be  soon  an  abso- 
lute necessity  of  revising  the  statutes  of  the  state,  with  a 
view,  among  other  things,  of  better  adapting  them  to  the 
new  constitution.     This  subject,  it  will  be  remembered, 


#= 


182  POLITICAL     HISTORY  [182.>. 

had  been  repeatedly  urged  upon  the  legislature  by  Gov. 
Yates,  but  they  could  never  find  time  to  attend  to  it  until 
after  the  election  in  November.  Not  wishing  to  leave  the 
appointment  of  the  revisers  to  their  successors,  before 
their  adjournment,  they  passed  a  law  appointing  James 
Kent,  Eraslus  Root  and  Benjamin  F.  Butler,  revisers  of 
the  laws  of  New-York,  for  which  each  of  the  gentlemen 
were  to  be  allowed  one  thousand  dollars. 

But  the  most  important  act  which  they  passed  was  con- 
tained in  one  short  section,  and  was  in  the  following 
words: — "All  civil  officers  who  now  are  or  hereafter  shall 
be  duly  commissioned,  and  shall  have  taken  upon  them- 
selves the  duties  of  their  respective  offices,  shall  continue 
to  execute  the  duties  of  their  respective  offices,  notwith- 
slanding  the  expiration  of  the  time  for  which  they  shall 
have  lecn  appointed^  until  a  successor  to  such  offices  re- 
spectively shall  be  duly  commissioned^  and  shall  take  upon 
themselves  the  duties  of  such  offices  respectively.''''  This 
was  one  of  tlie  last  acts  passed  on  the  last  day  of  the  ses- 
sion. By  this  law,  if  it  is  constitutional,  of  which  there 
are  some  doubts,  the  senate,  in  all  cases,  would  have  the 
right  of  choosing  between  the  person  nominated  by  the 
governor,  and  the  incumbent.  It  is  hardly  necessary  to 
a(hl,  that  ninety-nine  hundredths  of  those  in  office  were 
the  political  friends  of  the  majority  of  the  senate.  Al- 
though, as  I  have  remarked,  the  constitutionality  of  this 
act  has  been  doubted j  and  although  this  statute,  which 
continues  to  be  in  foice,  was  evidently  passed  from  party 
motives,  and  to  meet  the  exigency  which  then  existed;  as 
there  seems  to  be  a  necessity  for  some  such  provision,  and 
as  such  an  arrangement  will  naturally  be  agreeable  to  the 
party  in  power,  I  doubt  whether  it  will  ever  be  repealed. 

Nearly  all  those  members  of  the  legislature  of  1825, 
who  belonged  to  the  people's  party,  were  politically  hos- 
tile to  Mr.  Clinton,  and  many  of  them  were  personally  so. 


18-25.]  OF    NEW- YORK.  183 

Of  this  class  were  Messrs.  Ogdon  and  Burrows  of  tlie  sen- 
ate; and  they  were  leailing  members  of  the  new  party. 
What  probably  increased  their  aversion  to  the  governor, 
was,  that  he  was  openly  and  avowedly  in  favor  of  General 
Jackson  for  the  presidency,  whereas,  a  great  majority  of 
the  people's  party  were  for  Adams.  Ogden  and  Burrows 
were  his  zealous  supporters.  The  prudent  and  discreet 
friends  of  Mr,  Clinton,  were  extremely  anxious  to  over- 
come and  dissipate  these  prejudicesj  and  they  took  occa- 
sion, during  the  November  session,  to  urge  upon  Governor 
Clinton  the  propriety  of  endea\orlng  to  gain  the  confidence 
and  friendship  of  the  leaders  of  the  people's  party.  It 
was  represented  to  him,  that  all  in  fact  v*'eie  engaged  in 
the  same  great  cause,  which  was,  to  destroy  the  ascendancy 
in  the  state  of  the  Albany  Regency;  that  there  could  be 
no  doubt,  that  to  the  efforts  of  the  people's  party  in  the 
legislature,  during  the  preceding  winter,  he  owed  his  Iri 
umphant  success  at  the  last  election;  and  that,  if  all  the 
real  friends  of  the  electoral  law  could  be  amalgamated  into 
one  organized  party,  its  durable  and  permanentascendancy 
would  be  placed  beyond  question. 

They,  therefore,  exhorted  the  governor  to  make  the  ad- 
vance himself  to  Judge  Ogden  and  other  leaders  of  the  peo- 
ple's party;  to  invite  them  to  a  frank  and  free  communi- 
cation of  their  wishes;  and  to  express  his  readiness  to 
make  with  them  a  common  cause.  But  he  received  these 
suggestions  with  cohl  indifference,  and  utterly  neglected 
and  refused  to  be  at  all  influenced  by  them.  Mr.  Clinton 
always  overrated  his  own  strength,  and  underrated  that  of 
his  opponents,  which,  in  my  judgment,  is  a  serious  defect 
in  the  character  of  a  man  who  claims  to  be  the  leader  of 
a  party.  Mr.  Clinton  would  fight  his  enemy  manfully, 
but  he  would  listen  to  no  pacific  overtures  until  he  himself, 
or  his  opponent,  was  completely  conquered.     No  elTectual 


184  POLITICAL    HISTORY  [18'25. 

aid  in  amalgamating  tlie  people's  parly  with  liie  Clintoni- 
ans,  coulil  thercrore  be  derived  I'rom  the  governor. 

On  the  other  hand,  Gen.  Tallinadge,  who  was  smarting 
under  the  disappointment  of  not  having  himself  been  made 
governor,  and  burning  with  indignation,  personally, towards 
Mr.  Clinton,  (for  what  eause  I  know  not,)  from  the  mo- 
ment of  liis  election,  seemed  to  liave  set  himself  fo  work 
to  prevent  any  of  liie  peoj)le's  party  from  forming  a  politi- 
cal connection  with  the  governor  or  his  friends.  General 
Tallmadge,  though  beyond  all  question  a  m;in  of  talents, 
appears  to  me,  nearly  through  his  whole  life,  to  have  been 
politically  eccentric  and  wrong-headed.  One  ol'  his  errors 
undoubtedly  was,  that  he  had  imbibed  an  opinion  that  po- 
litical success  depended  more  on  tact,  and  what  is  called 
management^  than  on  the  measures  which  the  politician 
advocated,  or  on  personal  merit.  He  had  been  brought 
up  and 'educated,  if  I  may  so  express  myself,  under  ihe 
discipline  of  the  old  council  of  a})polriinient.  I  th)  not 
assert  the  fact,  i)ut  I  give  it  as  my  opinion,  that  immedi- 
ately after  the  election,  he  formed  the  project  of  leatling  off 
a  party,  of  which,  of  course,  he  was  to  be  the  head;  to  be 
composed  partly  of  Clintonians  and  partly  of  democrats; 
leaving  in  one  party,  as  cast  otl"  luml)er,  Clinton  and  Spen- 
cer, and  in  the  other.  Van  Buriii,  Yates,  &,c.  It  is  impos- 
sible to  account  for  his  conduct  upon  any  rational  grounds, 
■without  supposing  that  he  must  have  formed  some  such 
scheme,  visionary  as  it  must  appear  to  be,  to  every  man  of 
practical  good  sense. 

The  mutual  friends  of  Gov.  Clinton  and  Gen.  Tallmadge 
made  frequent  and  ardent  appeals  to  the  latter,  assuring 
him  of  their  continued  friendship  and  support,  and  warn- 
ing him  of  the  inevitable  ruin  which  wouhl  be  the  conse- 
quence, probably  to  both  parties,  if  there  should  be  war 
between  him  and  the  governor.  These  appeals  were 
worse  than  useless;   for  they  probably  produced  an  impres- 


18-25.]  OF    NEW- YORK.  185 

sioii  on  his  mind  that  Mr.  Clinton's  friends  feared  his  influ- 
ence— an  impression  which  tended  to  increase  his  confi- 
dence in  his  own  strength.  His  thirty-hvo  thousand  ma- 
jority had  deluded  him.  In  all  his  conversations,  the 
burden  of  his  song  was,  the  errors  and  faults  of  Mr.  Clin- 
ton; besides  which,  the  general  seemed  suddenly  to  be 
alarmed  and  horrified  by  the  fear  of  the  ghost  of  federal- 
ism. 

In  this  attitude,  as  respected  each  other,  were  the  Clin- 
tonian  and  people's  parties,  when  the  legislature  met,  on 
the  fourth  day  of  January,  1825. 

On  the  first  day  of  the  session,  one  hundred  and  twenty- 
two  members  of  the  assembly  were  present.  Clarkson 
Crolius,  of  New-York,  a  very  good  man,  but  not  distin- 
guished for  talents,  received  one  hundred  and  nine  votes, 
and  was  elected  speaker.  Horatio  Merchant  was  chosen 
clerk.  A  majority  of  the  members  of  this  assembly  were, 
properly  speaking,  Clintonians,  and  yet  they  elected  a 
speaker  and  a  clerk  who  belonged  to  the  people's  party, 
and  who  had  been  among  the  most  bitter  opponents  of 
the  governor  and  his  friends.  This  fact  shows  with  what 
cordiality  the  two  parties  might  have  united,  had  the  efforts 
of  the  real  working  men  of  both  parties  been  seconded,  or 
rather  had  their  efforts  not  been  thv/arted  by  their  leaders. 

The  governor's  message  was  long,  but  it  was  very  able, 
and  I  think  I  may  a(kl,very  excellent.  He  lecornmended 
the  passage  of  an  electoral  law  by  general  ticket,  and  the 
election  to  be  made  by  a  plurality  of  votes.  He  also 
recommended  an  amendment  of  the  constitution,  by  an 
extension  of  the  right  of  suffrage,  so  as  in  fact  to  make  it 
universal,  and  the  election  of  justices  of  the  peace  by  the 
people  of  the  respective  towns.  He  advised  the  creation 
of  a  board  of  internal  improvements,  and  an  extension  of 
those  improvements  by  canals.  He  complained  of  a  recent 
decision  of  the  supreme  court  of  the  United  Slates,  on  a 


186  POLITICAL    HISTORY  [1825. 

question  affertliig  the  rights  of  individual  states,  and  urged 
that  an  amendment  of  the  United  States  constitution  ought 
to  be  made,  conferring  the  jurisdiction  now  chiimed  by  the 
supreme  court,  of  questions  affecting  the  rights  of  the 
states  in  their  corporate  capacity,  on  the  senate  of  the 
United  States. 

The  fault  in  the  message,  in  my  judgment,  was,  that  it 
recommended  too  extensive  a  system  of  canaling — an  ex- 
tension altogether  beyond  the  pecuniary  means  of  the 
state  to  accomplish.  This,  sanguine  as  he  was  in  his  no- 
tions respecting  the  ability  of  the  state,  I  can  hardly  re- 
sist the  belief,  he  must  have  known.  If  his  object  in  re- 
commending the  making  of  so  many  canals,  was  to  acquire 
popularity  in  the  various  neighborhoods  where  he  indica- 
ted that  those  improvements  ought  to  be  made,  (and  I  can 
have  no  doubt  that  that  consideration  had  some  eflect  upon 
him,)  his  course  was  still  more  unjusiihable. 

The  governor  concluded  his  message  by  a  pressing  re 
commendation   of  union  of  action,  to  advance  the  public 
interest,  and  with  the  following  allusion  to  the  council  of 
appointment,  as  one  of  the  principal  causes  of  former  dis- 
sensions : 

"The  causes  which  led  to  our  divisions  and  distractions, 
no  longer  predominate.  We  are  emancipated  from  the 
thraldom  of  a  system  of  patronage  which  formed  a  com- 
ponent part  of  our  former  constitution,  and  whose  direct 
temieney  and  inevitable  operation  were  to  agitate  the 
community  with  incessant  convulsions;  to  make  personal 
gratification  the  standard  of  political  orthodoxy;  to  render 
the  slatt'  the  victim  of  political  machinations  at  home  and 
from  abroad;  and  to  convert  the  very  favors  conferred  by 
its  bounty  into  the  instruments  of  its  vassa'age  and  degra- 
dation. Wiih  a  full  view  of  these  evils,  I  recommended, 
at  an  early  period,  a  different  arrangement  of  the  appoint- 
ing power.     The  patronage  once   vested  in  a  council   of 


1825.] 


OF    NEW-YORK. 


]87 


appointment  is  now  (liffiiscd;  and  political  powfjr,  which 
under  the  former  order  of  things,  was,  in  many  respecis, 
concentrated  in  petty  aristocracies,  and  wiehled  by  factious 
combinations,  has  been,  in  a  great  measure,  restored  to  its 
autiientic  source,  the  great  body  of  the  people.  That 
abolition,  and  that  restoration,  have  dissolved  the  union 
between  personal  interest  and  political  subserviency.  The 
people  rising  in  the  majesty  of  their  power  above  the  de- 
basing trammels  of  names,  and  the  obnoxious  dictations  of 
combinations,  have  sustained  and  vindicated  a  system  of 
disenthralled  and  independent  suffrage." 

What  honest  and  patriotic  citizen  could  fall  of  being 
impressed  with  the  imooriance  and  truth  of  these  alleo-a- 
tions  ? 

The  only  appointments  which  the  governor  was  author- 
ized to  make  on  his  own  motion,  were  his  military  aids  and 
the  adjutant  general.  Mr.  Clinton  selected  for  liis  aids,S. 
De  Witt  JBloodgood  and  William  Patterson  Van  Ilensse 
laer,  (son  of  the  patroon,)  of  Albany,  and  Henry  Living- 
ston of  Columbia;  and  Mr.  Fuller  having  resigned  the 
office  of  adjutant  general,  Mr.  C.  G.  Haines  was  appoinied 
his  successor.     These  were  all  judicious  appointments. 

The  following  is  the  result  of  the  votes  of  the  electoral 
colleges  for  president  and  vice-president,  as  appeared  from 
the  canvass  made  at  Washington  : 

President.  Vice-President. 

Gen.  Jackson, 99     Mr.  Calhoun, 182 

Mr.  Adams, 84     Mr.  Sanford, 30 

Mr.  Crawford, 41     Mr.  Macon, 24 

Mr.  Clay, 37     Gen.  Jackson, 13 


Mr.VanBuren,....        9 

261     Mr.  Clay, 2 

Blank, 1 


261 


188 


POLITICAL     HISTORY 


[1825. 


From  (his,  it  will  be  seen,  as  I  have  before  stated,  that 
had  Mr.  Clay  received  the  five  votes  in  the  state  of  New- 
York,  which  were  given  to  Mr.  Crawford,  he  would  have 
been  [\u-  candidate  in  the  house  of  representatives  in  lieu 
of  Mr.  Crawford,  and  in  all  human  probability,  would 
have  been  elected  president.  This,  in  substance,  Mr.  Van 
Buren  must  have  foreseen  before  the  choice  of  electors  in 
New-York.  He  must  too,  have  been  aware,  from  Mr. 
Crawford's  state  of  health,  he  having  recently  been  the 
subject  of  a  paralytic  attack,  that,  independent  of  all 
other  obstacles,  he  could  not  be  elected — and  every  body 
knows  Mr.  Van  Buren  then  had  insuperable  objections  to 
Gen.Jackson;  how  is  his  conduct  to  be  accounted  for  1  Did 
he  really  prefer  Mr.  Adams  to  Mr.  Clay  1  What  I  shall 
shortly  hereafter  state,  induces  me  to  think  that  he  did 
He  may  have  thought  that  an  administration  conducted  by 
Mr.  Adams  could  be  easier  broken  down  than  one  mana- 
ged entirely  by  Mr.  Clay. 

When  the  electoral  vote  was  announced,  and  it  was 
known  that  Gen.  Jackson  had  a  plurality  of  votes,  con- 
sidering that  there  were  nine  western  states,  all  of  which, 
it  was  believed,  would  cast  their  votes  for  him,  the  only 
supposed  doubtful  slate,  (Kentucky,)  having  instructed 
their  representatives  in  congress  to  vote  for  him,  Mr. 
Clinton,  and  indeed  the  public  in  general,  were  of  opinion 
that  Jackson  would  be  chosen  the  next  president. 

It  has  been  conjectured  that  in  case  Gen.  Jackson  had 
been  elected  president,  Mr.  Clinton  expected  to  be,  and 
would  have  been,  appointed  secretary  of  state.  This  is 
an  error.  From  the  partiality  known  to  have  been  en- 
tertained by  Gen.  Jackson  for  Gov.  Clinton,  it  is  by  no 
means  improbable  the  former  would  have  offered  the  lat- 
ter that  appointment;  but,  I  know  the  fact,  that  Mr.  Clin- 
ton would  not  have  accepted  it.  In  the  latter  part  of  De- 
cember, I  went  to  Washington  as  the  agent  of  the  state,  to 


1825.]  OF    NEW-YORK.  189 

settle  its  account  with  the  general  government.  Before  I 
left  Albany,  I  had,  by  special  appoinlirunt,  an  interview 
with  Gov.  Clinton,  at  which  he  stated  to  me  that  he  had 
not  the  least  doubt  but  that  Jackson  would  be  elected, 
and  he  instructed  me  to  say  to  him,  that  he  wished  him 
to  form  his  cabinet  without  any  personal  reference  to  him, 
(Mr.  C.)  that  he  could  not  accept  of  any  appointment 
which  would  render  it  necessary  for  him  to  leave  tl;e  state 
of  New- York,  and  that  the  only  solicitude  he  felt  was, 
that  Gen.  Jackson  should  so  form  his  cabinet  as  would 
secure  prosperity  and  success  to  his  administration. 

Independent  of  Mr.  Clinton's  partiality,  (might  I  not 
say  passion?)  for  the  office  of  governor  of  the  state  of 
New-York,  he  was  constitutionally  as  much  indisposed, 
as,  in  my  judgment,  he  w^as  ill  calculated  to  act  a  subor- 
dinate part  to  any  man.  He  would  be  first,  or  nothing 
Without  imputing  to  him  evil  propensities,  or  believing 
that  he  would  indulge  them,  I  may  say  that  the  celebra- 
ted quotation  from  Milton,  which  he  applied  to  certain 
federalists,  was  especially  applicable  to  himself.  At  any 
rate,  although  it  would  be  uncharitable  to  say  he  would 
consent  "  to  reign  in  hell,"  speaking  figuratively,  he 
would  never  willingly  have  agreed  "to  serve  in  heaven." 

It  is  hardly  necessary  to  add  that  the  election  in  the 
United  States  house  of  representatives,  resulted  in  the 
choice  of  Mr.  Adams,  through  the  exertions  and  influence 
of  Mr.  Clay.  There  was  no  man  in  the  United  States,  or 
jjerhaps  in  the  world,  whose  personal  address  gave  him 
so  absolute  a  control  over  the  human  heart  as  Henry  Clay. 
Having  a  long  time  been  a  member  of  the  house  of  repre- 
sentatives, and  for  many  sessions  the  presiding  officer  of 
that  assembly,  he  was  well  acquainted  with  the  interests 
of  every  section  of  the  union,  and  with  the  views,  wishes, 
principles  and  prejudices  of  every  individual  member,  and 
no  man  knew  better  than  he  how   to  turn  those  interests 


190  POLITICAL     HISTORY  [1825. 

and  prejudices  to  a  good  account.  Several  days  before 
the  election,  twelve  states  were  known  to  be  committed 
for  Mr.  Adams.  To  effect  his  election,  required  the  votes 
of  thirteen  states.  From  the  state  of  New-York,  there 
were  thirty-four  members;  seventeen  of  the  thirty-four 
were  for  Mr.  Ailams,  sixteen  were  avowedly  opposed  to 
him  and  one  was  doubtful  and  uncertain.  That  one  was 
Sleplien'Van  Rensselaer.  Mr.  Van  Buren  and  Mr.  Forsyth, 
and  indeed  the  whole  Crawford  party,  were  extremely 
anxious  to  prevent  a  choice  on  the  first  ballot.  A  most 
powerful  pressure  from  Albany  was  brought  to  bear  on  the 
patroon  to  induce  him  to  vote  for  Jackson.  Some  of  his 
best  friends,  among  whom  were  Mr.  Clinton  and  his  most 
favorite  relative,  urged  him  on  this  subject,  with  the  most 
anxious  solicitude.  Their  efforts  were  seconded  at  Wash- 
ington by  all  the  address  and  skill  of  Mr.  Van  Buren. 
Had  their  efforts  been  successful,  and  of  course  no  choice 
been  made  on  the  first  balloting,  I  have  it  from  the  best  au- 
thority, that  Mr.  Van  Buren  and  his  most  immediate  friends 
of  the  Crawford  party  meant,  at  the  next  balloting  to 
have  given  Adams  the  election.  They  wished  to  have 
had  it  in  their  power  to  have  said  to  Mr.  Adams,  "  your 
friends  and  Mr.  Clay's,  cannot  make  you  president — 
We  give  you  the  office."  Such  a  state  of  things,  Mr. 
Clay  wished,  if  possible,  to  prevent.  Had  this  plan  suc- 
ceeded, (and  it  all  but  succeeded,  for  Gen.  Van  Rensselaer 
had  not  decided  on  his  course  when  he  arrived  in  the 
chamber  of  the  house  of  representatives,  on  the  mrrning 
of  the  election.)  what  a  mighty  difference  it  would  have 
made  in  the  political  fortunes  of  the  politicians  in  the 
United  Sua'.-s?  Mr.  Van  Buren,  Mr.  Forsyth,  and  Mr. 
Calhoun,  will  bear  me  out  in  saying,  that  in  such  an  event 
Gen.  Ja(  kson  would  never  have  been  president  of  the 
United  Slates.  But  this  is  wandering  into  the  wild  field 
of  imagination  and  conjecture.     [Note  C.J 


]825,]  OF  ^Ew-YORK,  191 

The  following  is  given  in  the  National  Intelligencer, 
as  the  vote  of  New-York,  for  president : 

"  For  Adams — Messrs.  Adams,  Cady,  Hayden,  Herki- 
mer, Lawrence,  Marvi'n,  Martindale,  Rose,  Sharpe,Storrs, 
Strong,  Taylor,  Tracy,  Van  Wyck,  Van  Rensselaer,  Wil- 
liams, Wood,  Woods. 

"  For  Crawford — Messrs.  Cambreleng,  Clark,  Collins, 
Day,  Dvvinell,  Eaton,  Foote,  Frost,  Hogeboom,  Jenkins, 
Litchfield,  Richards,  Ten  Eyck,  Tyson. 

"  For  Jackson — Messrs.  Craig  and  Morgan." 

The  term  of  service  of  Mr.  Rufus  King  in  the  senate  of 
the  United  States,  expired  this  year,  on  the  4th  of  March, 
and  he,  in  the  early  part  of  the  session,  addressed  a  com- 
munication to  the  legislature,  declining,  in  consequence  of 
advanced  age  and  a  desire  to  retire  from  public  life,  to  be 
a  candiilate  for  re-election. 

The  public,  or  rather  that  portion  of  the  public  which 
had  supported  the  election  of  Clinton  and  Tallmadge, 
turned  their  attention  to  the  late  Chief  Justice  Spencer,  as 
the  most  suitable  person  to  be  elected  as  the  successor  of 
Mr.  King.  His  long  experience,  his  age  and  eminent  ta- 
lents, seemed  to  designate  him,  above  all  others,  as  the 
most  prominent  and  fit  man  to  be  selected  for  that  impor- 
tant service;  and  he  was  accordingly  nominated,  by  a 
large  majority  of  the  friends  of  the  state  administration, in 
the  legislature.  But  some  of  the  most  distinguished  mem- 
bers of  the  senate,  who  belonged  to  the  people's  party, 
protested  against  this  nomination,  and  early  manifested  a 
determination  to  oppose  it.  The  remnant  of  the  seventeen 
senators  who  had  resisted  the  passage  of  the  electoral  law, 
were  of  course  opposed  to  Judge  Spencer.  They,  there- 
fore, with  great  good  will,  united  with  Messrs.  Ogden, 
Burrows,  Gardner,  &c.,  to  defeat  the  election  of  Judge 
Spencer.  Gen.  Tallmadge  also  cordially  joined  with 
them,  and  it  is  very  probable,  from  what  afterwards  tran- 


192  POLITICAL    HISTORY      '  [1825. 

spired,  that  he  entertained  an  expectation  of  being  himself 
elected.  Judge  Spencer  had,  from  the  year  1818,  down  to 
the  time  when  his  nomination  to  the  office  of  chief  justice, 
by  Gov.  Yates,  was  rejected  by  the  senate,  been  the  subject 
of  severe  and  unremiited  attacks  of  the  democratic  party. 
In  these  attacks,  Mr.  Ogden  and  the  other  gentlemen  whom 
I  have  named,  had  their  full  share.  The  judge,  too,  was 
a  brother-in-law  of  De  Witt  Clinton,  and  an  act  of  dis- 
courtesy to  liira  was  almost  as  gratifying  to  their  feelings 
as  if  the  same  act  could  have  been  done  in  relation  to 
Clinton  himself.  It  is  impossible  to  witness  the  develop- 
ment of  these  feelings  with  approbation.  They  had,  it  is 
true,  differed  with  Judge  Spencer,  but  those  points  of  dif- 
ference now  ceased  to  exist.  On  all  questions  of  principle 
they  were  perfectly  united.  True  magnanimity  would 
have  prompted  them  to  have  seized  with  avidity  an  oppor- 
tunity of  manifesting  their  regard  for  an  eminent  man,  of 
acknowledged  integrity,  who  had  been  long  in  political 
life,  and  of  giving  him,  as  it  were,  this  parting  token  of 
respect  and  kindness.  But  the  people's  party,  so  far 
from  entertaining  these  views,  or  being  governed  by  them, 
joined  with  the  Crawford  party,  who,  together,  devised  a 
most  extraordinary  scheme  for  preventing  the  appointment 
of  Judge  Spencer,  notwithstanding  they  well  knew  that  a 
majority  of  the  members  of  the  legislature  were  in  his  favor. 
On  the  first  day  of  February,  which  was  the  day  fixed 
by  law  for  the  election  of  a  senator  of  the  United  States, 
the  assembly,  by  a  vote  of  seventy-seven  to  forty-five, 
nominated  Ambrose  Spencer  for  senator  of  the  United 
States,  and  the  senate  made  a  pretence  of  an  attempt  to 
nominate,  which  resulted  as  follows: 

Mr.  Bowman     nominated     H.  Seymour, 
"     Brayton         do.  A.  Spencer, 


Burrows        do.  H.  Wheaton, 

Burt  do  J.  Tallmadge, 


_Z-_ ' -^ — ^ ^ - 

1825.]                                     OF    NEW-YORK.                                             193 

Mr.  Clark      nominated     A.  Spencer, 

'     Golden        do.             A.  Spencer, 

'     Cramer       do.             A.  Spencer, 

'     Crary          do.             A.  Spencer, 

*     Dudley        do.             E.  P.  Livingston, 

'     Earll           do.             V.  Birdscye, 

'     Ellsworth   do.             S.  Young, 
'     Gardiner     do.             J.  W.  Taylor, 

'     Greenly       do.             S.  Beardsley, 
'     Haight        do.             S.  Young, 

*     Keyes         do.             H.  Huntington, 
'     Lake           do.             S.  Suvdam, 

'     Leffcrts       do.             J.  T.  Irving, 

'     Lynde          do.             J.  Tallmadge, 

*     Mallory       do.             E.  P.  Livingston, 

'     McCali        do.             I.  Wilson, 

*  Mclntyre     do.             A.  Spencer, 

*  McMichael  do.             A.  Spencer, 

'    Morgan        do.             A.  Spencer, 

'    Ogden          do.             J.  W.  Taylor, 

'     Redfield        do.             D.  E.  Evans, 

*     Spencer        do.             A.  Spencer, 
i     Thorn          do.             J.  C.  Yates, 

'     Ward            do.              W.  Paulding,  Jr., 

•     Vvilkeson     do.             A.  Spencer, 

'     Woosler      do.             R.  Crane, 

"Mr. 

'     Wright        do.             V.  Birdseye, 

Wilkeson  then  offered  a  resolution  declaring  Am- 

brose  Spencer  the  candidate  duly  nominated   on  the  part 

of  the  senate. 

"  The  resolution  was  lost — ayes  eleven,  noes  twenty. 
"  Mr.  Wilkeson  then  offered  a  similar  resolution,  that 

James  Tallmadge  be  the  candidate  of  the  senate. 

"  Mr.  Redfield  moved  that  the  resolution  lie  on  the  table. 

Carried,  ayes  nineteen,  noes  twelve. 
!                                                       M 

104  POLITICAL    niSTOKY  [1825. 

*'iMr.  Wilkeson  oncrcd  another  resolution  that  Samuel 
Young  be  declared  nominated  by  the  senate. 

"  Mr.  Wright  moved  that  the  resolution  lie  on  the  table. 
Carried,  twenty  to  eleven. 

"  A  message  was  received  from  the  assembly  stating 
that  they  would  forthwith  meet  the  senate  in  the  assem- 
bl\^  chamber  to  compare  nominations  with  the  senate. 

"  Mr.  Wilkeson  then  moved  that  the  senate  again  pro- 
ceed to  openly  nominate  a  United  States  senator — Carried 
— and  the  result  was  the  same  as  above,  except  [■Mr.  Burt 
voted  for  A.  Spencer,  Mr.  Colden  fca*  J.  Tallmadge,  Mr. 
Cramer  for  J.  Tallmadge,  Mr.  llcdfield  for  J.  C.  Yates, 
Mr.  Spencer  for  J.  Tallmadge.] 

"  Mr.  Wilkeson  then  offered  a  resolution  nominating 
John  W.  Taylor  on  the  part  of  the  senate.  Lost,  twenty- 
two  to  nine."' 

The  senate  then  adjourned. 

By  law  and  usage,  and  by  the  constitution  of  the  Uni- 
ted States,  which  each  individual  who  voted  on  this  occa- 
sion had  sworn  to  support,  the  senate,  as  one  branch  of 
the  legislature,  were  bound  to  make  a  nomination  of  a 
senator  of  the  United  States.  How  could  they  discharge 
themselves  from  their  solemn  obligations  to  their  constitu- 
ents, confirmed  by  their  oaths'?  It  is  in  vain  for  them  to 
say  that  they  could  not  agree  on  a  candidate.  Every  one 
knows  they  icould  not  so  agree.  Why,  at  that  moment, 
the  religion  of  the  politics  of  a  mnjority  of  the  senate  was, 
that  a  caucus  nomination  for  all  the  principal  officers 
was  to  he  made,  and  that  such  nomination  should  be  sup- 
ported by  all  honorable  men. — "  A  caucus,  and  support 
the  caucu?;,"  was  an  axiom  with  them  never  to  be  violated 
without  loss  of  caste.  In  this  very  case,  they  had  un- 
doubtedly caucussed.  and  had  then  solemnly  agreed  not  to 
(inree  on  the  nomination  of  any  man.  Would  it  not  have 
been  more  in  accordance  with  the  spirit  of  this  transaction, 


1825.]  OF  NEW-VORK.  195 

if,  on  the  morning  of  the  1st  of  February,  a  resohjtion  had 
been  moved  in  the  senate  and  adopted,  in  the  following 
words  1 

"  Whereas,  according  to  the  laws  and  usages  of  this 
stale,  it  is  the  right  and  the  diihj  of  the  majority  of  the 
members  of  this  legislature  to  appoint  a  senator  of  the 
United  States;  and  whereas  by  law  that  appointment  ought 
this  day  to  be  made;  and  whereas,  if  the  senate  shuli,  in 
conforniiy  with  such  usage,  and  in  obedience  to  such  laws 
proceed  to  nominate  such  senator,  Ambrose  Spencer  will 
be  elected  by  a  majority  of  said  members  to  said  otfice.  and 
whereas,  the  senate  being  but  one  branch  of  the  law  mak- 
ing ])ower,  can  not  re[)eal  such  law;  therefore,  for  the  pur- 
pose of  preventing  the  carrying  into  effect  the  will  of  said 
majority, 

"  Resoloed,  That  this  senate  will  make  no  nominatwn 
of  a  senator  of  the  United  States." 

Had  such  a  resolution  been  adopted,  who  w'll  doubt  but 
that  every  member  of  the  majority  who  voted  for  it  would 
have  been  liable  to  impeachment,  indictment  and  punish- 
ment for  a  wilful  violation  of  duty  1 

The  assembly  contained  several  men  of  talents,  among 
whom  were  John  VV.  Hurlberf,  from  Cayuga,  formi^riy  a 
myinbcr  of  congress  of  considerable  standnig  from  Mas- 
sachusetts ;  Samuel  J.  Wilkin,  from  Orange  county  ; 
Ambrose  L.  Jordan,  from  Columbia  ;  Samuel  Stevens, 
from  Washington;  Mr.  Cunningham,  f"  ^m  Montgomery; 
and  Thurlow  Weed,  the  present  state  printer,  from  Mon- 
roe, who,  though  not  distinguished  on  the  floor  of  the 
house,  was  nevertheless  an  active,  energetic  member.  But 
on  this  occasion  they  did  not  act  with  that  sj^irit  which 
the  exigency  demanded.  Would  they  not  have  been  jns- 
tilied  if  they  had  refused  to  act  on  the  next  bill  or  resolu- 
tion which  should  have  been  sent  to  them  from  the  senate, 


106  POLITICAL    HISTORY  [1825. 

assigning  for  a  reason  tlic  refusal  of  the  senate  to  perform 
their  duty  in  the  choice  of  a  senator  of  the  United  States? 

There  was  among  the  opponents  of  the  Crawford  party 
in  the  assembly,  a  want  of  unity  of  action,  and  what  is 
called  party  discipline,  which  prevented  efficient  action  in 
this  matter.  Among  the  circumstances  which  prevented 
a  cordial  unanimity  on  this  question,  may  be  mentioned 
the  influence  of  General  Tallmadge,  which,  there  can  be 
no  doubt,  tended  to  produce  dissensions  ;  and  I  regret  to 
mention  that  I  have  good  reasons  to  believe  that  Albert 
H.  Tracy,  then  a  member  of  congress  from  Buffalo,  elected 
by  the  Clintonian  party,  had  been,  by  some  of  the  oppo- 
nents of  Judge  Spencer,  induced  to  entertain  expectations 
that  if  the  judge  was  defeated  he  would  be  chosen.  It  is, 
therefore,  not  improbable  that  some  of  his  personal 
friends*  may  have  aided  in  throwing  obstacles  in  the  way 
of  the  election  of  the  chief  justice.  To  these  causes  of 
the  absence  of  that  union  necessary  for  action  on  strong 
measures,  may  be  added  another,  which  is,  that  there  was 
a  great  number  of  applications  for  bank  charters  before 
the  assembly,  in  which  the  members  took  a  deep  interest, 
and  which  hampered  them  in  their  movements,  even  on 
political  questions. 

Some  of  the  people's  men,  who  were  ardent  in  the  sup- 
port of  the  administration  of  Mr.  Adams,  professed  their 
apprehensions  that  Judge  Spencer,  if  elected,  would  be 
found  in  the  opposition  to  that  administration.  To  obvi- 
ate this  objection,  Mr.  St.  John,  a  member  of  the  assem- 
bly from  Montgomery,  addressed  a  note  to  the  late  chief 
justice,  requesting  him  to  state  his  views  on  that  subject, 
to  which  he  replied — "  I  have  regarded  Mr.  Adams  as  an 
upright  man,  and  a  distinguished  and  highly  gifted  states- 
man, and  am  entirely  satisfied  with  his  election.     I  enter- 

*  Mr.  Thurlow  Weed  wns  one  of  the  mcmticrs  of  Assembly  who  Bought  to  procure 
the  election  of  Mr.  Tracy  in  preference  to  Judge  Spencer. 


1825.] 


OF    NEW-VORK. 


197 


tain  towards  him  the  most  friendly  feelings ;  and  as  a  pri- 
vate citizen  or  public  functionary,  he  shall  receive  from 
me  a  liberal,  honorable,  and  faithful  support."  This,  per- 
haps, was  well  enough,  but  1  could  wish  the  judge  had 
omitted  the  word  "/a/7///w/"  in  his  answer  ;  it  conveys 
an  idea  of  something  like  feudal  subservience.  This  I 
presume  he  did  not  intend. 

The  senate,  probably,  apprehensiv^e  that  it  would  be 
unsafe  to  hazard  their  standing  in  the  public  estimation, 
by  so  palpable  an  evasion  of  their  duty  in  relation  to  this 
question,  on  the  25th  day  of  February  adopted  a  jomt  re- 
solution, that  Albert  H.  Tracy  be  chosen  a  senator,  &c. 
This  resolution  was  passed  by  a  vote  of  eighteen  to  ten. 

It  will  be  perceived  that  this  was  setting  up  a  claim  on 
the  part  of  the  senate,  when  that  house  differed  from  the 
other  respecting  the  choice  of  a  senator,  that  its  voice 
should  be  equal  to  that  of  the  assembly. 

The  assembly  refused  to  concur,  on  the  ground  that 
that  mode  of  appointing  a  senator  was  contrary  to  an  ex- 
isting law  of  the  state,  which  was  imperative  on  both 
houses  until  it  was  repealed.  The  constitution  of  the 
Unites  States  requires.  "  That  the  senate  shall  be  com- 
posed of  two  senators  from  each  state,  chosen  by  the 
legislature  thereof."  The  law  of  this  state,  which  in  1825 
was  in  force,  was  substantially  the  same  as  it  now  is,  [see 
1  R.  L.  102  ;  Constitution  of  New-York  of  1777,  section 
30.]  to  wit :  That  the  senate  and  assembly  shall,  each 
openly  nominate  one  person  for  the  office  of  senator  in 
congress,  after  which  they  shall  immediately  meet,  and  if 
they  shall  agree  in  their  nominations,  the  person  so  nomi- 
nated, shall  be  appointed  to  the  office  for  which  he  shall 
be  nominated  ;  if  they  shall  disagree,  the^lection  shall 
be  made  in  joint  ballot  of  the  senators  and  members  of 
the  assembly. 


198  rOLITK  -AL    HISTORY  [1825. 

I  am  aware  that  in  188S,  this  same  ground  was  taken  by 
the  senate,  and  an  able  report  made  in  support  of  it.  I 
have  not  time,  and  if  I  had  time,  this  would  not  be  the 
proper  place  for  discussing  the  question  ;  but  candor 
requires  me  to  say,  that  I  think  the  claim  of  the  sen- 
ate in  1838,  ,as  well  as  in  182.5,  cannot  be  fairly  sus- 
tained. It  is,  however,  an  interesting  fact,  which  with 
many  others,  proves  the  truth  of  the  jiosition,  that  a  fault, 
when  committed  for  party  purposes,  n)ay  return  to  plague 
the  inventor  ;  that  Gen.  Tallmadge's  friend  and  relative 
was  the  man  who,  in  1838,  suffered  by  the  application  of 
the  rule,  enforced  and  probably  invented  by  Gen.  Tallmadge 
himself  in  1825.  After  the  joint  resolution  for  the  ap- 
pointment of  Mr.  Tracy  had  been  rejected  by  the  assem- 
blv.  the  matter  was  allowed  to  sleep  in  both  houses  for 
the  space  of  a  month,  but  on  the  25th  of  March,  another 
joint  resolution  for  the  appointment  of  a  United  States 
senator  passed  the  senate,  and  the  name  of  James  Tall- 
madge was  inserted  in  it.  This  resolution  was  passed  by 
the  same  vote  as  the  one  appointing  Mr.  Tracy,  Silas 
Wright,  junior,  voting  for  both  INIr.  Tracy  and  Mr.  Tall- 
madge. 

"When  this  resolution  was  received  in  the  assembly,  it 
was  laid  on  the  table,  where  it  remained  until  the  1st 
April,  when,  on  motion  of  Mr.  Wdkin,  it  was  taken  up 
and  the  following  substitute  adopted  by  a  vote  of  sixty- 
one  to  twenty-nine. 

'•  Resolved,  That  although  this  house  repose  confidence 
in  the  integrity  and  talents  of  the  honorable  James  Tall- 
madge, they  deem  it  most  safe  and  expedient,  and  most 
congenial  with  the  principles  of  our  government,  to  ad- 
here to  that  mode  of  appointment  prescribed  by  the  exist- 
ing law  of  this  state ;  and  do,  therefore,  not  concur  in  the 
resolution  of  the  honorable  the  senate.'' 


1825.]  OF    NEW-YORK.  199 

The  result  of  all  these  nianeuverings  was,  that  no  sena- 
tor was  chcted  during  the  year  ]825,  and  In  1829,  Na- 
than Sanford  at  this  time  Chancellor,  was  chosen — an 
opponent  as  well  to  Gen.  Tallniadge  and  Mr.  Tracv,  as 
to  Chief  Justice  Spencer. 

1  have  spoken  more  freely  of  this  transaction  because, 
if  the  course  pursued  by  the  senate  deserves  censure,  that 
censure  can  not  be  confined  to  cither  of  the  great  parties 
in  the  United  States.  The  same  transaction,  in  spirit,  has 
been  repeated  in  other  states  of  the  Union,  and,  I  believe, 
by  both  political  parties;  and,  even  in  this  case,  had  the 
position  of  the  friends  of  Judge  Spencer  been  reversed,  I 
am  not  prepared  to  say  they  would  not  have  resorted  to 
the  same  means  to  defeat  their  opponents.  May  we  not 
hope,  that  after  more  reflection,  both,  and  all  parties  will 
from  prmciple,  repudiate  the  example  furnished  them  in 
respect  to  this  practice  by  their  predecessors  ? 

Gamaliel  H.  Barstow,  of  Tioga,  with  whom  the  reader 
is  already  well  acquainted,  was  during  the  session,  elect- 
ed state  treasurer.  This  was  an  excellent  selection.  Dr. 
Bai'stow  was  a  man  of  high  moral  integrity,  correct  busi- 
ness habits,  sound  discriminating  mind,  and  very  popular 
both  with  the  Clintonian  and  people's  party. 

One  of  the  first  acts  done  by  Mr.  Adams,  after  his  ele-c- 
tion,  and  before  his  inauguration,  was  the  tender  to  Gov. 
Clinton  of  the  appointment  of  American  minister  at  the 
court  of  Great  Britain.  This  appointment  Mr.  Clinton 
declined  in  the  following  very  respectful  note,  addressed 
to  Mr.    Adams  : 

'•  Albany,  25th  February,  1825. 

''  Sir  :  I  feel  most  sensibly  the  honor  conferred  on  me 
by  your  communication  of  the  18th  instant,  and  I  receive 
this  expression  of  your  good  opinion  with  a  corresponding 
spirit  :  Bat  having  recently  accepted  from  the  people  of 
this  state  the  highest  office  hi  their  power.  1  cannot,  con- 


200  POLITICAL    HISTORY  [1825. 

sisteut  with  my  sense  of  duty,  rclii'C  from  it,  until  I  have 
had  an  ample  opportunity  of  evincing  my  gratitude  and 
my  devotion  to  their  interests. 

"  1  assure  you,  sir,  that  it  will  afTord  me  the  iiighest 
gratification,  in  my  present  situation,  to  aid  you  in  your 
patriotic  eflbrts,  and  to  witness  the  auspicious  inilnence 
of  your  administration  on  the  best  interests  of  our  coun- 
try. 

"I  have  the  honor  to  be,  with  perfect  respect  your 
most  obedient  servant, 

"DE  WITT  CLINTON. 

"  The  Hon.  John  Quixcv  Adams,  Washington." 

I  was  among  the  number  of  Mr.  Clinton's  friends,  who 
tiiought  he  ought  to  acccj^t,  and  advised  him  to  accept 
this  appointment.  He  never  stood  better  in  the  state 
and  nation  than  at  this  moment.  If  he  should  then  go 
abroad.  I  believed  he  would  escape  the  dreadful  tornado 
which  evidently  was  approaching  ;  would  aflord  time  for 
political  prejudices  against  him  to  subside  ;  and  woulJ, 
no  doubt,  retain  all  his  present  friends.  He  would  be  be- 
fore the  nation,  in  the  service  of  the  nation,  not  in  a  posi- 
tion which  could  hardly,  by  any  j)0ssibility,  subject  him 
to  blame  ;  and  if  at  the  next,  or  a  subsequent  presidential 
election,  his  friends  should  feel  warranted  in  bringing  him 
forward  as  a  candidate  for  the  presidency,  he  could  not 
be  better  situated,  to  receive  and  command  support,  than 
he  would  be,  should  he  accept  this  mission.  The  venera- 
ble Stephen  Van  Rensselaer,  then  at  Washington,  wrote 
him  a  letter,  urging  his  acceptance  ;  and  his  uniform 
friend,  Thomas  Addis  Emmet,  who  then  hapj)ened  to  be 
in  attendance  on  the  supreme  court  of  the  United  States, 
wrote  an  argument  and  forwarded  to  the  governor,  press- 
ing him  to  engage  in  the  national  service.  It  is  not  un- 
reasonable to  su[»|)ose.  that  his  unwillingness  to  leave  the 
government  of  New-York  in  the  hands  of  General  Tall- 


1825.  J 


OF    MiW-YOHK. 


201 


in.idgo,  was  one  cause  of  his  pertinacious  refusal  to  be  go- 
verned by  the  advice  of  his  friends.  But  there  were  other 
causes.  There  were  in  the  state,  and  especially  in  the 
city  of  New-York,  a  number  ofpoHticians  of  Siuall  calibre, 
wlio  owed  their  })olitical  existence  to  the  aseen(huicy  of 
De  VV^itt  Clinton.  'J'his  class  of  men  knew  how  fat;d  it 
would  be  to  them  if  Governor  ('linton  should  go  abroad. 
They  represented  to  him,  that  Mr.  Adams  feared  his  in- 
fluence in  this  state  ;  and  that  this  mission  was  intended 
as  a  kind  of  banishment.  That  Mr.  Adams  was  utterly 
incapable  of  adopting  any  such  scheme,  I  firmly  believe  ; 
but  it  v/as  nevertheless  pressed  with  great  zeal  upon  Mr. 
Clinton,  and  I  presume  had  considerable  effect  in  inducing 
the  determination  which  he  ultimately  made. 

Mr.  Rufus  King  w^as  soon  after  appointed  on  the  mis- 
sion to  London. 

By  a  reference  to  the  governor's  annual  message,  it  will 
be  found  that  he  recommended,  among  other  improve- 
ments, the  construction  by  the  state,  of  a  road  thi-ough 
the  south-western  tier  of  counties.  The  suggestion  was 
favorably  received,  and  meetings  were  held  in  that  part 
of  the  state  which  would  be  affected  by  the  proposed  im- 
provement, to  urge  the  adoption  of  the  measure. 

Ti'iesc  movements  produced  a  meeting  of  delegates  and 
citizens  at  the  capitol  in  Albany,  on  the  25th  February, 
which,  of  course,  resulted  in  a  pressing  application  to  the 
legislature  to  provide  for  carrying  the  scheme  into  efl^ect. 
In  pursuance  of  this  application,  a  law  was  passed  for  the 
appointment  of  three  commissioners  to  explore  and  cause 
sui'veys  to  be  made,  of  a  route  for  a  state  road,  from  some 
point  on  the  North  River,  to  some  point  on  Lake  Erie, 
through  the  southern  tier  of  counties. 

]n  pursuance  of  a  recommendation  of  a  meeting  of  the 
friends  of  the  I'oad,  without  distinction  of  party,  Nathaniel 
Pitcher,  Jabez  D.  Hammond  and  George  Morell  were  ap- 


202  POLITICAI,    HISTOIJY  [1825. 

pointed  by  the  gov(>rnor  and  senate,  state  road  commis- 
sioners, a  day  or  two  before  tlie  adjournment  of  the  legis- 
lature. These  particulars  would  not  be  of  s-ufficient  im- 
portance to  warrant  their  insertion  in  these  sketches,  if,  by 
a  combination  of  circumstances,  one  of  the  commission- 
ers, in  consequence  of  having  been  such  commissioner, 
had  not  had  t!ie  executive  government  of  tlic  state  cast 
upon  him  for  about  one-half  of  a  gubernatorial  term. 

Xcry  few,  and  indeed  no  important  ap[)ointments  were 
madi!  by  the  governor  during  this  session.  (.'onsider- 
ing  the  decidi^d  majority  in  the  senate  against  the  gov- 
ernor, I  do  not  think  the  si-nate  treated  him  with  illiberal- 
ity.  Indeed  I  think  thi;  ff)nti-ary.  A  iMudahIc;  disposition 
seemed  on  both  sides  to  be  cultivated,  to  preserve  a  good 
degree  of  courtesy  between  these  branches  of  the  execu- 
tive goveriiinent.  I  observe  the  senate  confirmed  without 
hesitation  the  nomination  ol"  Ebenezer  Baldwin,  a  warm 
personal  and  political  friend  of  the  governor,  as  recorder 
of  Alban}'. 

From  the  language  held  by  Gen.  Tallmadge  in  relation 
to  Mr.  Clinton  and  his  general  course  after  the  November 
election,  he  undoubtedly  anticipated  that  he  would  be 
courted  by  the  Crawford  [>;irty  ;  and  he  was  so  in  relation 
to  the  movements  in  resjiect  to  Judge  Sjcncer,  and  the 
choice  of  a  senator  of  the  United  States.  But  the  Craw- 
ford men  were  too  wise  to  invest  much  capital  in  a  cargo 
which  thev  foresaw  would  produce  them  little  if  any  re- 
turns. Tallmadge,  without  either  Clinton  or  Van  Buren 
and  tli(;ir  respective  friends,  was  comparatively  nothing. 
Clinton,  wlihuut  eitlu^r  Tallmadge  or  Van  Bmen,  had  an 
influence  and  personal  weight  of  character  ;  and  was  the 
admitted  leader  of  a  great,  numerous  and  powerful  [)arty. 
Since  the  (dection  of  John  Quincy  Adams  as  president, 
and  the  continued  evidence  of  the  rapidiy  declining  health 
of  Mr.  Crawford,  Mr.  Van  Buren,  who  was  determined 


1825.]  OF    NEW-YORK.  203 

to  oppose  the  Adams  adtninistration,  foresaw  that  Gen. 
Jackson  was  the  only  available  candidate  of  the  Crawford 
party.  But  how  could  Mr.  Van  Buren  and  his  friends  in 
this  state  support  Gen.  Jackson  and  oppose  his  earliest 
and  avowed  iViend,  l)c  Witt  Clinton '?  Independ(M)t  of 
all  other  considerations,  there  was  therefore  a  sort  of  po- 
litical necessity  for  a  suspension  of  hostilities,  at  least, 
between  Van  Bui'en  and  (Clinton.  This  state  of  things 
did  not  produce  any  material  change  for  \hc  prest.-nt  ;  but 
it  was  a  state  of  things  which  Gen.  Tallmadgo  could  not 
have  anticipated,  and  in  view  of  which,  when  lu;  discov- 
ered it,  he  must  have  perceived  the  foundation  of  his  own 
inevitable  political  ruin. 

Col.  Charles  G.  Haines,  the  adjutant  general,  died  on 
the  3rd  day  of  July  of  this  year. 

In  the  Inlter  part  of  May,  Mr.  Clinton  visited  Phila- 
delphia, where  he  was  treated  with  the  greatest  y)0ssib!c 
attention  and  respect.  A  public  dinner  was  tendered  to 
him  bv  the  citizens,  which  he  accepted  and  attended,  at 
which  the  mayor  of  the  city  presided.  The  toasts  drur.k, 
and  the  address  of  the  mayor  were  highly  complimentary 
to  him  as  a  statesman  and  public  benefactor. 

Shortly  afterwards  the  governor,  attended  by  Judge 
Conkling  and  several  other  distinguished  gentlemen,  visit- 
ed the  state  of  Ohio,  for  the  purpose  of  vicv.ing  the  pui)- 
lic  works  in  progress  in  that  state,  and  by  special  invita- 
tion he  extended  his  journey  to  Louisville,  in  the  state  of 
Kentucky,  where  a  public  dinner  was  tendered  to  and  ac- 
cepted by  hin).  He  and  his  suite  were  every  Vv-here  receiv- 
ed with  the  highest  demonstrations  of  veneration  and  re- 
spect. The  passion  for  internal  improvements  by  means 
of  canals,  had  then  recently  taken  a  strong  hold  upon  the 
minds  of  men,  and  Mr.  Clinton  was  regarded  as  the  mas- 
ter spirit  who  had  excited  the  public  mind,  and  indeed  ac- 
tion in  that  new  field  of  social  and  political  enterprise. 


204 


POMTICAb    HISTOrtY 


[1825. 


Sodii  after  the  return  of  Mr.  Clinton  and  I\Ir.  Conkling, 
from  ti^^  west,  the  ofRoe  of  United  States  District  Judge  of 
the  northern  district  of  New-York,  became  vacant  by  the 
death  of  Roger  Skinner,  after  a  sliort  ilhiess. 

1  can  not  recur  to  tlic  doalh  of  Judge  Skinner  without 
repeating  that,  in  consequence  of  his  being  an  ardent 
politician,  he  has  been,  as  I  believe,  unjustly  charged  with 
being  a  man  of  persecuting  and  vindictive  feelings.  I  do 
not  believe  it.  I  think  he  possessed  many  excellent 
social  qualities,  and  a  kind  and  good  heart.  Upon  the 
decease  of  Judge  Skinner,  there  immediately  api)eared  a 
number  of  competitors  for  the  office,  among  whom  was 
William  A.  Duer,  then  a  circuit  judge,  and  now  the  re- 
spectable and  respected  president  of  Columbia  College. 
But  Mr.  Alfred  Conkling  was  recommended  by  Gov. 
Clinton  and  General  Van  Rensselaer,  and  several  other 
hi^'hly  respectable  individuals.  Mr.  Adams,  who  was  per- 
sonally acquainted  with  ^Ir.  Conkling  while  the  latter 
was  a  meml)er  of.  congress,  in  1822  and  '23,  and  highly 
esteeming  him,  (as  does  every  one  else  who  is  well  ac- 
quainted with  him,)  and  wishing  to  aHbrd  evidence  of  his 
respect  for  the  recommendations  and  opinions  of  Mr. 
Clinton  and  Gen.  Van  Renssela(u\  and  also  well  knowing 
that  the  longer  the  question  remained  undecided,  the  shar- 
per would  be  the  coiiipetition,  prom{)tly  appointed  Mr. 
Conkling. 

Tills  appointment  was  complained  of,  especially  by  the 
bncktail  Adams  men,  because  Conkling  was  a  Clintonian. 
Their  newspapers  generally  spoke  against  it,  and  my  im- 
pression is,  that  even  tlie  cautious  editor  of  the  New-York 
American  denounced  I\Ir.  Adams  for  appointing  a  man  to 
a  high  office,  "whose  principal  merit  consisted  in  his  hav- 
ing recently  accompanied  Mr.  C'linton  on  an  electioneer- 
ing tour  for  the  presidency  through  the  w^estern  states." 


1825.]  OF    NEW-YORK.  205 

Perhaps  it  may  be  as  well  lo  remark  here,  that  the  high 
minded  federalists  were  nearly  all  of  them,  supporters 
of  Mr.  Adams.  As  they  were,  at  all  times,  invincibly 
hostile  to  Mr.  Clinton,  may  not  the  fact  that  Adams,  in 
this  state,  was  considered  the  natural  rival  of  Clinton, 
have  predisposed  the  high  minded  gentlemen  in  favor  of 
Mr.  Adams  ? 

The  discontent  on  account  of  the  appointment  of  Mr. 
Conkling  as  district  judge,  soon  subsided,  and  iiis  nomina- 
tion was  confirmed  in  the  senate  by  nearly  an  unanimous 
vote,  with  the  approbation  of  the  judiciary  committee,  of 
which  Mr.  Van  Burcn  was  chairman. 

On  the  2nd  day  of  November,  the  completion  of  the 
canals  was  celebrated.  The  discharge  of  cannon  com- 
mencing at  Buffalo,  continued  along  the  whole  Ht!.o  o-f  the 
canal  from  Lake  Erie  to  the  Hudson.  An  immense  num- 
ber of  people  assembled  at  Albany  ;  and  two  canal  boats, 
the  Seneca  Chief  and  Young  Lion  of  the  West,  from  Buf- 
falo, in  which  were  the  governor,  canal  commissioners,  the 
principal  state  officers,  and  distinguished  citizens  of  Alba- 
ny and  from  other  parts  of  the  state,  descended  through 
the  lock  into  the  Albany  basin,  accompanied  with  the  ac- 
clamations of  a  vast  crowd  of  exulting  spectators.  At  the 
capitol,  the  governor  and  canal  commissioners  were  ad- 
dressed by  Philip  Hone,  Esq.  in  behalf  of  a  committee 
from  the  city  of  New-York,  congratulating  them  on  the 
s-uccessful  termination  of  the  great  and  magnificent  under- 
taking. This  was  a  proud  day  for  the  state  of  New- 
York,  and  especially  to  the  original  friends  and  patrons  of 
our  splendid  system  of  internal  improvements. 

But  while  the  leading  friends  of  Gov,  Clinton  were  ex- 
ulting in  the  success  of  his  favorite  measure,  and  chaunt 
ing  the  praises  of  their  chief,  his  opponents  were  actively 
but  rather  silently  engaged  among  the  people  of  every 
county  in  the  state,  alarming  some  with  the  terrors  of  fode- 


)6 


roLiTiCAi.  ni5;T0iiV 


[1825. 


ralisin  ;  exciting  the  jealousy  of  one  class  of  citizens  ;  and 
encouraging  the  hope  of  oflice  and  its  emohnnents  in 
others,  and  urging  all  to  abandon  the  standard  of  an  indi- 
viilual,  and  again  unite  with  the  great  rcpul)lican  party  in 
the  state.  These  ajipeals  produced  an  ell'ect  which  disap- 
pointed the  cx[)ectation  even  of  the  leaders  of  the  jjarly 
opposed  to  the  governor  ;  and  the  friends  of  the  state  ad- 
ministration could  scarcely  believe  their  own  eyes,  when 
ihey  read  the  accounts,  which  proved  beyond  question  or 
cavil,  that  a  majority  of  the  members  of  the  assembly 
elect,  were  of  the  party  in  opposition  to  Mr,  Clinton  and 
his  administration,  (^ol.  Young  was  elected  from  Sara- 
toga, and  Cen.  Root  from  Delaware  county. 

The  following  are  the  names  of  the  senators  elected  this 
year  : 

From  the  First  District,  Joshua  Smith, 

"         Second  do.,       Peter  II.  Livingston, 
Third     do., 

*'        Fourth  do., 
Fifth      do., 

*'        Sixth      do., 

"        Seventh  do., 

"        Eighth    do.. 


Ambrose  L.  Jordan, 
John  L.  V^iele, 
Charles  Stebbini?, 
Peter  Ilager,  2nd, 
Truman  Hart, 
Ethan  B.  Allen. 
Messrs.  Livingston,  Stebbins  and  Ilager  were  opposed, 
an.l  the  residue  of  the  senators  elected   were  in  favor  of 
supporting  the  administration  of  the  governor. 

It  is  proper  to  remark,  that  both  at  this  and  the  next 
year's  (dection,  the  presidential  question  was  entirely  kept 
out  of  view  l)y  Mr.  Van  Buren,  who  had  inculcated  on  his 
frii-nds  on  that  question  the  duty  of  "■  non-cnmm'dtaUsm  f^ 
and  such  was  the  address  with  which  the  leaders  managed, 
and  the  elT<;';t  of  party  discipline,  that  no  person  on  that 
side  of  the  question,  who  interfered  with  the  election,  ut- 
tered a  single  word  either  for  or  against  the  national  ad- 
ministration.    The  sole  and   only  question  was  between 


1825.]  OF    NEW-YOKK.  207 

those  who  were  for  and  those  who  were  against  Mr.  Clin- 
ton. This  statement  may  seem  to  contradict  what  1  have 
said,  that  after  the  presidential  election,  the  Albany  Re- 
gency afforded  evidence  of  a  conciliatory  disposition  to- 
wards Mr.  Clinton.  But  those  who  look  deeply  into  the 
transactions  of  that  day,  will  perceive  that  both  statements 
may  be,  and  are,  true.  While  Mr.  Van  Burcn  desired  to 
be  on  a  better  footing  with  Mr.  Clinton,  even  politically, 
he  still  wished  to  strengthen  himself.  This  he  could  not 
do  in  any  other  way  than  by  endeavoring  to  increase  the 
numbers  of  the  old  Bucktail  party  in  the  legislature  and 
among  the  people  ;  and  he  probably  believed,  that  should 
it  become  necessary  to  act  in  concert  with  Mr.  Clinton  at 
the  next  presidential  election,  circumstances  would  occur 
which  would  afford  him  plausible  reasons  for  doing  so. 
At  any  rate,  it  would  not  injure,  and  might  benefit  him, 
to  increase  the  number  of  his  political  friends  upon  old 
party  grounds. 

Congress  met  on  the  first  Monday  of  December.  Of 
the  members  of  the  house  of  representatives,  193  out  of 
213  were  ]iresent.  They  proceeded  immediately  to  bal- 
lot for  speaker,  and  on  the  first  ballot  there  appeared,  for 
Mr.  John  W.  Taylor,  of  N.  Y.  89  votes  ;  .1.  W.  Campbell, 
of  Ohio.  41  ;  Louis  McLanc,  of  Del.  36  ;  A.  Stevenson, 
of  Va.  17  ;  L.  Condict,  of  N.  J.  6  ;  scattering,  5. 

Neither  of  the  candidates  having  received  the  requisite 
number  of  votes  to  constitute  an  election,  [97,]  a  second 
ballot  was  taken,  which  resulted  as  follows  : — John  W. 
Taylor,  99 ;  John  W.  Campbell,  42  ;  Louis  McLane,  44 ; 
A.  Stcveson,  5  ;  Scattering,  3. 

Mr.  Tiivlor  having  on  this  ballot  a  majority  of  all  the 
votes,  was  declared  duly  elected. 


208  POLITICAL       HISTORY  [I82i0. 


CHAPTER  XXXII. 

FROM  JANIJARY   1,  OfiG,  TO  JANI'ARV  1,  IS27 

The  legislature  met  on  the  third  day  of  January.  At 
the  usual  caucus  of  the  democratic  members  of  the  as- 
sembly on  the  evening  preceding,  Col.  Young  was  nomina- 
tid  for  speaker.  From  what  took  place  ihe  next  morning, 
it  is  probable  that  Stephen  Allen,  a  worthy  and  highly 
respectable  member  from  the  city  of  New-York,  was  sup- 
ported in  caucus  in  opposition  to  Mr.  Young.  My  im- 
pression is,  that  the  New-York  members  and  some  of  the 
more  ardent  friends  of  the  state  road,  advocated  his  nom- 
ination. He  was,  however,  out-voted  by  the  friends  of 
Mr.  Young.  In  the  morning,  when  the  house  assembled, 
Mr.  Allen  having  probably  received  an  intimation  that  the 
(Jlintonians  intended  to  vote  for  him  as  speaker,  stated 
that  he  had  been  informed  he  was  considered  a  candidate 
for  speaker,  and  that  some  gentlemen  had  prepared  bal- 
lots for  him ;  but  he  was  desirous  to  have  it  understood, 
if  such  was  the  fact,  that  it  was  without  his  consent.  On 
being  inquired  of  whether  he  would  serve  if  elected,  he 
rci)lied  that  his  "  inclination  was  averse  to  it."  The  house 
then  proceeded  to  a  ballot,  when  Samuel  Young  had  sixty- 
five  votes — Allen  fifty-four,  and  there  were  three  blanks. 
Edward  Livingston  was  chosen  clerk  by  a  vote  of  sixty- 
six  to  fifty-five.  The  vote  on  the  question  of  speaker 
probably  shows  nearly  the  relative  strength  of  parties  in 
the  house. 

This  assembly  contained  considerable  talent.  Of  the 
Clintonian  portion  of  that  body,  Francis  Granger  of  On- 
tario, Theodore  Sill  of  Oneida,  Aaron  Vanderpool,  of 
Columbia,  and  Samuel  S.  Lush   of  Albany,  were  among 


182G.]  OF    NEW-YORK.  209 

the  most  prominent.  Mr.  Granger  had  connmencccl  his 
career  in  pubhc  hfe  as  a  member  of  the  last  asscmbl}',  and 
he  began  now  to  discover  those  talents  and  that  peculiar 
tact  and  address  by  which  he  was  subsequently  so  much 
distinguished.* 

On  the  other  hand,  Young,  [loot,  Allen,  Beardsley 
from  Otsego,  Woodcock  from  Tompkins,  Cowles  I'rom 
Putnam,  and  Bucklin  from  Jefferson,  were  among  the 
most  talented  and  efiicient  of  the  democratic  members. 
Mr.  Woodcock  had  been  a  member  of  congress,  but 
Beardsley,  Cowles  and  Bucklin  had  never  before  been 
members  of  a  legislative  body. 

The  governor's  message  was  well  written,  but  too  long, 
though  not  so  faulty  in  that  respect  as  most  of  his  other 
messages.  Among  other  matters  urged  upon  the  legisla- 
ture, was  the  necessity  of  further  improvements  in  our 
common  school  system  ;  and  he  recommended  the  estab- 
lishment of  seminaries  for  the  especial  purpose  of  instruct- 
ing and  fitting  persons  to  become  teachers  of  common 
schools.  He  also  repeated  his  recommendation  in  favor 
of  the  construction,  at  the  public  expense,  of  a  slate  road 
through  the  south-western  tier  of  counties.  These  were 
the  only  new  measures  which  he  specifically  recommend- 
ed. He  concluded  with  an  earnest  exhortation  of  an 
*' union  of  all  heads,  all  hearts  and  all  hands,"  in  efforts 
to  advance  the  interest  of  our  common  country. 

Early  in  the  session  a  bill  provided  for  the  election  of 
a  senator  of  the  United  States  was  introduced  into  the 
senate.  The  bill  as  drawn  did  not  chauii^e  the  mode  of 
proceeding  in  the  choice  as  then  by  law  established. 

Mr.  Ogden  offered  an  amendment,  which  directed  that 
the  two  houses,  instead  of  openly  nominating,  should  by 
resolution  respectively  appoint  such  person  for  senator  as 
they  thought  proper  ;  that  they  should  then  meet  and  com- 
pare resolutions,  and  if  the  resolutions  agreed,  the  person 

*  The  text  ia  erroiieoua.    This  wa8  Mr.  Granger's  first  election. 

N 


210  POLITICAIi    HISTORY  [182G. 

named  therein  should  be  declared  duly  elected  ;  if  the  two 
houses  didered  in  the  their  resolutions,  then  they  were  to 
elect  by  joint  ballot.  This  did  not,  in  substance,  vary  the 
law  as  it  then  was,  but  even  this  alteration,  sii<,dit  as  it 
was,  was  rejected  by  a  vote  of  sixteen  to  fourteen.  Mr. 
"Wriglit  and  others,  who  had  the  preceeding  winter  voted 
for  the  appointment  of  Tallmadge  and  Tracy  by  joint  re- 
solution, now  voting  in  the  negative.  Strange,  that  in 
1825  the  position  was  a  sound  one,  that  the  senate  ought 
to  possess  equal  power  with  the  assembly,  in  case  of  a  dis- 
agreement as  to  the  person  who  ought  to  be  elected  United 
States  senator,  and  that  in  1826  the  same  position  should 
be  wrong.  I  have  mentioned  particularly  Mr.  Wright  as 
being  involved  in  this  absurdity,  because  he  has  ever  since 
been  in  the  public  service,  and  has  occupied,  and  now  oc- 
cupies, a  distinguished  and  elevated  standing  as  a  man  of 
talents  and  an  able  statesman.  But  in  justice  to  him,  it 
ought  to  be  remarked,  as  I  have  somewhere  before  done, 
that  he  was  then  a  young  man,  inexperienced  in  legisla- 
tion, and  that,  although  on  the  occasion  to  which  I  have 
referred,  his  conduct  appears  to  have  been  disingenuous, 
he  has.  during  many  years  of  service  as  a  senator  of  the 
United  States,  given  proofs,  not  only  of  talent  of  the 
highest  order,  but,  to  say  the  least,  of  consistency  and 
fearlessness  as  a  legislator. 

A  feeble  attempt  was  made,  by  the  friends  of  Mr.  Al- 
bert II.  Tracy,  in  some  of  the  western  papers,  again  to 
su].port  him  as  a  candidate  for  the  United  States  senate. 
But  ^Ir.  Tracy  must  have  soon  discovered  that  those  gen- 
tlemen who  manifested  a  disposition  friendly  to  his  elec- 
tion vvhon  his  name  could  be  used  to  aid  to  the  defeat  of 
Chief  .Justice  Spencer,  had  no  inclination  to  sustain  him 
after  that  object  had  been  accorn))lished. 

Nathan  Sanford,  who  was  then  chaucellor,  was  nomi- 
nated  bv   a  legislative   cau(;us,  and,  after   receiving   that 


182G.]  OF    NEW-VOIIK.  211 

notninntion,  resijrned  liis  office  as  chancellor  ;  and  ho  was 
thereupon  immediately  elected  as  the  successor  of  lluius 
King,  by  nearly  an  unanimous  vote  of  both  houses  of  the 
legislature. 

Mr.  Van  Buren,  and  several  others,  leading  men  of  the 
old  Crawford  party  at  Washington,  had,  by  this  time, 
come  to  the  conclusion  to  support  Gen.  Jackson  for  the 
next  presidency  in  opposition  to  Mr.  Adams.  The  strong 
popular  vote  which,  in  despite  of  the  efforts  of  the 
Adams,  Clay  and  Craw-ford  parties,  the  general  had  re- 
ceived at  the  last  election,  probably  had  mL>-;h  ell'ect  in  in- 
ducing them  to  come  to  this  conclusion.  It  furni.shed 
ready  formed,  a  large  capital  which  the  Crawford  party 
saw  they  could  add  to  their  own,  simply  by  consenting  to 
receive  it.  They  knew  too,  that  the  chivalric  bravery  of 
General  Jackson,  his  brilliant  success  in  the  late  war,  and 
the  many  popular  and  fascinating  points  in  his  character, 
would,  when  supported  by  such  a  compact,  disciplined  as- 
sociation as  was  the  Crawford  party  in  many  of  the  states  of 
the  Union,  render  this  extraordinary  man  irresistable  as  a 
candidate  before  the  people.  If  he  was  not  a  learned 
lawyer  and  civilian,  he  was  at  any  rate  a  man  of  a  clear 
discriminating  mind,  and  if  he  was  subject  to  rashness 
and  precipitancy,  they  thought  they  could  surround  him 
wiih  frieiids  and  advisers  who  would  keep  him  within  due 
bounds.  True,  the  Crawford  men  in  this  state  had,  in 
1824  and  182.^).  manifested  the  utmost  horror  at  the  least 
prospect  of  his  election,  and  Mr.  Crawford  himself  was 
known  to  have  expressed  very  unfavorable  opinions  of 
him,  but  a  better  knowledge  c.f  the  man,  and  above  all,  a 
kind  of  political  necessity,  had  materially  changed  their 
views. 

This  determination  induced  Mr.  Van  Buren  and  his 
confidential  friends  at  Albany,  to  persevere  in  cultivating 
a  ffood  understanding  with  Mr.  Clinton.     Interviews  were 


212  POLITICAL    HISTORY  [182G. 

had  between  the  friends  of  Mr.  Van  Buren  and  the  gover- 
nor. Suggjstions  were  made,  that  if  the  democratic  party- 
could  be  brought  to  consent  to  it,  no  opposition  candidate 
would  bj  supported  against  Mr.  Chnton  at  the  next  guber- 
natorial election.  Mr.  Benjamin  Knower,  the  late  treasu- 
rer, of  whose  character  for  discernment  and  sagacity  I 
have  before  spoken,  was  the  principal  agent  of  the  Craw- 
ford party  in  canying  on  these  negotiations.  Nothing 
decisive,  however,  could  be  settled  for  this  obvious  reason. 
Mr.  Knower,  although  he  could  stipulate  for  Mr.  Van 
Buren,  Comptroller  Marcy,  &c.,  could  not  engage  for  the 
majority  of  his  party,  among  whom  very  strong  prejudices 
still  existed  against  Mr.  Clinton  ;  nor  could  the  governor, 
however  conscious  he  might  be  of  the  continued  confi- 
dence and  esteem  of  his  old  political  friends,  stipulate  that 
they  would  support  Gen.  Jackson,  at  least  three-fourths 
of  whom,  it  was  pretty  well  known,  4\'ere  inchned  to  sus- 
tain Mr.  Adams  and  his  administration. 

While  such  was  the  situation  of  the  prominent  parti- 
zans  of  the  day,  the  office  of  chancellor  became  vacant. 
Samuel  Jones,  an  eminent  lawyer,  son  of  the  old  comp- 
troller of  the  same  name,  was  a  relative  (  a  cousin,  I  bo- 
lieve)  to  the  present  Mrs.  Clinton.  The  governor  imme- 
diately fixed  upon  him  as  the  successor  of  Mr.  Sanford, 
and  he  forthwith  nominated  him  to  the  senate.  Mr.  Jones 
jiad  been  an  old  and  uniform  federalist  during  all  the 
phases  which  political  parties  had  assumed,  for  a  quarter 
of  a  century  past  in  the  state  of  New-York.  The  senate, 
neverthelfss.  under  the  advice  of  Mr.  Van  Buren's  friends, 
■without  a  moment's  delay,  and,  as  I  believe,  without  the 
usual  formality  of  a  reference  to  a  committee,  confirmed 
the  nomination.  This  prompt  acquiescence  in  the  appoint- 
ment of  his  friend  by  the  Van  Buren  party  in  the  senate, 
produced  a  very  strong  impression  on  the  mind  of  Mr. 
Clinton. 


1820.J  OP    NEW-YORK.  213 

Chief  Justice  Savage,  and  some  of  his  personal  friends, 
were  dissatisfied  with  the  precipitancy  with  which  this 
business  was  conducted  ;  and  it  seems  to  me  they  had 
ground  for  coinplaint.  Heretofore  it  had  been  usual — in- 
deed, since  the  organization  of  the  government,  it  had 
been  the  constant  practice,  to  appoint  the  chief  justice 
chancellor  whenever  that  office  became  vacant.  Judge 
Savage  would  not  have  accepted  the  appointment,  had  it 
been  tendered  to  him  ;  but,  although  he  was  a  very  mod- 
est man,  like  most  other  men  of  that  character,  he  was 
extremely  sensative.  He  therefore  felt  the  appointment 
of  Mr.  Jones,  without  previous  consultation  with  himself, 
as  personally  offensive. 

It  was  a  defect  in  the  character  of  Mr.  Clinton,  as  a 
public  man,  that  he  was  too  apt  to  be  regardless  of  the 
feelings  of  others,  especially  if  they  were  political  oppo- 
nents. By  this  means,  he  frequently  converted  political 
adversaries  into  personal  enemies.  While  such  conduct 
was  obviously  injudicious,  perhaps  it  may  be  viewed  as  an 
evidence  of  his  independence  and  integrity  ;  at  least  it 
obviates  all  possible  grounds  upon  which  to  found  a  charge 
of  hypocrisy  against  him.  Still,  when  a  public  man  can 
avoid  making  personal  enemies  without  being  guilty  of 
dissimulation,  he  ought  unquestionably  to  do  so.  In  this 
respect,  Mr.  Van  Buren  is  directly  the  reverse  of  Mr. 
Clinton.  Through  his  whole  life  he  has  been  careful  not 
to  afford  any  just  cause  for  a  political  opponent  to  become 
his  personal  enemy, — a  trait  in  his  character  which  I  deem 
highly  commendable. 

The  appointment  of  Mr.  Jones,  so  far  as  the  character 
of  the  judiciary  of  the  state  was  concerned,  was  an  excel- 
lent one,  and  in  all  respects  unexceptionable. 

About  the  same  time,  Mr.  Baldwin  resigned  the  record- 
ership  of  Albany,  anil  Col.  McKown,  another  friend  of 
Mr.  Clinton,  who,  it  will  be  recollected,   made  the  elo- 


214  POLITICAL.       HISTORY  [182G. 

quent  address  on  the  occasion  of  his  removal  from  the 
otlice  of  canal  commissioner,  was  appointed  in  his  place 
withont  opposition  from  the  senate. 

The  term  of  office  of  the  state  officers  expired  this  year, 
aiid  in  the  month  of  February  the  legislature,  after  the 
usual  preliminary  caucuses,  proceeded  to  make  the  ap- 
pointments. 

The  secretary  of  state,  JMr.  John  Van  Ness  Yates,  was, 
in  the  year,  1834,  a  people's  man,  and  he  continued  warm- 
ly opposed  to  the  Crawford  party.  Althoncrh,  like  his 
father,  the  chief  justice,  he  was  possessed  of  fine  social 
qualities  and  an  exceedingly  plausible  exterior,  he  was 
naturally  a  little  vindictive  in  his  feelings.  For  these  and 
other  reasons,  the  party  holding  the  majority  in  the  legis- 
lature were  determined  on  his  removal  ;  and  as  he  was  a 
warm  friend  of  Mr.  Adams,  neither  Mr.  Clinton  nor  his 
friends  in  the  legislature  who  were  favorable  to  General 
Jackson,  of  whom  Messrs.  Colden  and  Vielc  of  the  senate 
w.M-i'  the  most  prominent,  felt  any  very  strong  desire  to 
rct:iin  him. 

At  llie  legislative  caucus  Mr.  Flagg  was  nominated  se- 
cret iry  of  state.  From  the  very  active  part  which  this 
giMillenian  had  taken  in  opposition  to  the  electoral  law  in 
1821,  a:!(i  from  his  present  nomination,  it  was  evident  that 
a  ;ii;ii)rily  of  this  legislature  were  determined  to  sustain 
the  partv  who  had  opposed  that  measure,  notwithstanding 
that  opposition  had  been  so  signally  rebuked  by  the 
people. 

On  the  14lh  February,  the  legislature  proceeded  to  make 
the  appointments. 

In  th(i  senate  Mr.  Flagg  received  nineteen  votes,  and 
]\Ir.  Yates  c'ght.  In  the  house,  sixty-two  votes  were 
given  to  Mr.  Fla'Zg.,  and  twenly-scvcn  to  Mr.  Yates.  The 
vote  ^v:^^  about  the  same  Ijctween  Mi'.  Keyser  and  Doctor 
Barstow,  for  treasurer.     Mr.  IMarcy  was  re-elected  comp- 


182G.J  OF  NEW-VOUK.  215 

troller.  and  Samuel  A.  Talcot  attorney  generai.  Colonel 
Muir  commissary  general,  and  Simeon  De  Witt  surveyor 
general,  by  nearly  an  u)ianimous  vote. 

On  the  first  day  of  the  session,  Jasper  Ward,  a  senator 
from  the  first  district,  made  a  communication  to  the  sen- 
ate, stating  that  charges  had  been  made  against  him  in  the 
New-York  American  and  Evening  Post,  during  the  recess 
of  the  senate,  that  -'as  an  inducement  to  effect  the  passage 
of  an  amendment  to  the  act  incorporating  the  Chatham 
Insurance  Company,  and  the  passage  of  the  act  incorpo- 
rating the  iEtna  Insurance  Company  of  said  citv,  he  had 
been  guilty  of  corru[)t  conduct  as  a  senator  of  this  ft;!le. 
The  senate  will  know,  said  Mr.  Ward,  the  importance  of 
preserving  the  integrity  of  their  own  body,  and  how  to 
maintain  their  own  honor.  As  a  mcmbei-  of  that  bodr, 
and  to  vindicate  my  own  reputation  fmin  the  base  slanders 
by  which  it  has  been  assailed,  I  consider  mys;;lf  also  en- 
titled to  demand  from  them  an  oflicial  inquiry  into  the  sub- 
ject ;  and  I  therefore  respectfully  retiuest  that  measures 
mny  be  taken  by  the  honorable  the  senate,  etrectualh-  to 
investigate  the  charges  alluded  to,  and  to  establish  their 
truth  or  falsity." 

From  this  bold  and  confident  appeal,  one  would  be  led 
to  suppose  that  Mr.  Ward  was  an  innocent  and  injured 
man.  But  the  result  of  the  investigation,  which  he  so 
earnestly  invited  and  ^' dcmandrd,^^  furnished  another 
proof  of  the  soundness  of  the  maxim.  "Let  not  him  that 
putteth  on  his  armor,  boast  as  he  who  takcth  it  off." 

Mr.  Spencer  moved  the  reference  of  this  communica 
tion  to  a  select  committee.  On  the  25th  February,  Mr. 
Wright  from  the  select  committee  of  investigation,  made 
a  very  long  report,  containing  a  great  mass  of  testimony, 
and  disclosing  very  foul  and  disgusting  transactions.  Ai"ter 
presenting  the  rejiort.  Mr.  Wright  offered  the  following 
resolutions  ;  but  before  they  were  read,    Mr.  Wright  re- 


21G  POI.ITICAL    IIISTOUY.  [1S26. 

marked  in  substance,  that  the  committee  deemed  "  that 
it  came  not  within  their  province  to  do  more  than 
examine  into  the  case  and  report  a  statement  of  facts. 
That  had  been  done,  and  it  now  remained  ibr  the  senate 
to  adoj)t  sr.ch  measures  as  were  calculated  to  sustain  its 
honor,  and  do  justice  to  the  member  charged  with  roiruji- 
tion.  It  was  with  pain  that  he  felt  com};ellrd,  from  a 
sense  of  duty,  to  ofler  the  resolutions  he  was  about  to  sub- 
mit, and  in  doing  so,  he  wished  to  be  expressly  under- 
stood, that  his  object  was  to  ascertain  the  sense  of  the 
senate  as  to  the  extent  of  the  guilt  of  the  gentleman  im- 
plicated by  the  testimony." 

**  Resolved,  That  the  conduct  of  .Tasper  Ward  a  sena- 
tor from  the  first  senate  district,  and  the  means  used  by 
him,  in  obtaining  the  passage,  through  the  legislature,  of 
the  act  entitled  'An  act  to  amend  the  charter  of  the  Chat- 
ham  Fire  Insurance  Company,'  and  also  his  conduct  and 
the  means  used  by  him.  in  obtaining  the  passage  of  the 
act  entitled  'An  act  to  inc.'trporate  the  ^-Etna  P^'ire  Insu- 
rance company  of  New- York,'  were  a  violation  of  his 
duties  as  a  s/'nator,  all'ortling  a  pr^rnicious  and  dangerous 
example,  tending  to  corruj)t  the  pu!)lic  morals  and  to  im- 
pair the  public  confidence  in  the  integrity  of  the  legisla- 
ture ;  and  that  his  conduct  in  these  respects  deserves  and 
should  receive  severe  reprehension  : 

"  Resolved,  therefore,  That  the  said  Jasper  Ward,  sena- 
tor as  aforesaid,  be,  and  he  is  hereby  expelled  the  sen- 
ate."' 

From  the  testimony  as  reported,  there  is  not  thi;  least 
doubt  iiut  that  these  resolutions  would  have  passed,  and 
Mr.  Ward  would  have  been  expelled  ;  but  on  the  first  day 
of  ?.Iarch,  he  resigned  his  seat  in  the  senate,  and  further 
proceedings  against  him  were  suspended.  This  act  of 
Mr.  Ward,  which,  in  the  view  of  all  impartial  men, 
amounted  to  an  admission  of  his  guilt,  was  but  a  sorry  com 


1820.]  OF    NKW-YORK.  217 

mcMit  upon  his  confidcMil  assertion  of  his  innocence,  and  his 
challeniic  of  an  inveslii^ation  at  tiie  corrnnenceinent  of  the 
session. 

It  seems  to  mc,  that  in  all  cases  where  there  is  reasona- 
ble ground  to  suspect  that  an  act  of  incorporation,  grant- 
ing extensive  privileges,  has  been  passed  by  corrupt 
nneans  or  false  representations,  the  attorney  general  ought 
forthwith  to  institute  legal  proceedings  against  such  cotn- 
panics,  with  a  view  that  the  proper  judicial  tribunals 
should  declare  such  acts  of  incorporation  void.  Char- 
ters are  put  on  the  footing  of  contracts,  and  the  public, 
through  their  representatives,  being  considered  as  one 
party,  and  the  individuals  composing  the  corporation  an- 
other ;  it  has  been  very  properly  held,  that  the  lot,rislature 
being  one  of  the  parties  to  a  contract,  could  not,  by  their 
sole  act.  annul  it.  But  contracts  between  individuals, 
when  clTccted  by  coi'rupt  means,  or  even  by  false  repre- 
sentations. ai"c  void  at  common  law.  Ouixht  not  charters 
to  be  placed  on  the  same  footing  1  It  may  be  said,  that 
in  al!  the  charters  recently  granted,  a  power  to  repeal  is 
reserved  ;  but  it  ought  not  to  be  forgotten  that  the  same 
corrupt  and  fraudulent  means  which  have  been  used  in 
procuring  charters,  may  bo  used  to  prevent  their  repeal. 

On  the  4th  of  February  Mr.  Spencer,  from  the  com- 
mittee on  literature,  made  a  very  able  report  to  the  senate 
on  that  part  of  the  governor's  message  which  ndated  to 
common  schools,  and  brought  in  a  bill  to  inci-casc  the 
common  school  fund,  to  promote  the  education  of  teach- 
ers, and  to  regulate  their  appointment,  but  no  effectual 
action  was  had  upon  the  report  during  the  session. 

Resolutions  recommending  an  amendment  to  the  con- 
stitution, with  a  view  to  the  extension  of  the  right  of 
suffrage,  and  directing  the  election  of  justices  of  the  peace 
by  the  people  of  the  respective  towns,  in  pursuance  of 
the  suggestions  in   the  governor's  message,  were  intro- 


21S  roLiTicAi,  iiisiTouv  [1820. 

dnceii  and  passi-d  by  both  houses.  In  the  ass-'inbly  llijse 
resolutions  were  zealously  opposed  by  Gen.  Hoot,  who 
consistent  with  the  course  he  liad  pursu'd  in  the  codvimi- 
tion  in  1821,  jiresented  snjjstantialiy  the  same  arguments 
to  the  assensbly  which  he  had  urged  in  the  convention. 
He  was  howevei-,  on  this  occasion,  abandoned  by  Col. 
Young  and  all  his  other  old  friends,  who  in  the  conven- 
tion had  supported  the  principles  which  he  then  as  now 
advocated.  'J'he  resolution  for  the  election  of  justices 
passed  by  one  hundred  and  seven  ayes,  to  four  noes. 

It  was  early  in  the  session  ascertained  that  a  most  for- 
midable opposition  existed  in  both  houses  to  the  project 
of  making  the  state  road  ;  and  the  friends  of  the  measure 
bein'j:  apprehensive  that  when  the  commissioners  should 
as  liy  law  they  were  required  to  do,  report  the  route  which 
in  their  judgment,  ought  to  be  preferred,  that  opposition 
would  be  so  much  increased  fhat  the  measure  would,  in 
all  human  probability,  be  defeated  ;  the  joint  committee 
th(;ri:fore,  a  majoritv  of  whom  were  in  favoi*  of  the  road, 
after  obtaining  from  the  commissioners  a  coiiiiuunieation 
shovving  the  jiracticability  of  the  scheme,  and  an  estimate 
of  the  proljable  expense,  and  before  they  had  reported  to 
the  l<;gislature,  reported  a  bill  providing  "for  the  construc- 
tion of  the  road  and  making  the  necessary  a;:'i)ropriation 
of  money  to  defray  the  expense  of  such  construction. 
The  bill  was  brought  into  the  asseuibly,  but  after  conside- 
rable diseussion  in  that  house,  it  was  ascertained  that  a 
majority  of  the  members  would  not  act  on  the  question 
until  the  conimissioners  should  make  their  fnial  report  to 
the  legislature. 

On  lh<i  2'.)th  of  March,  the  commissioners  reported. 
Two  gr(;at  routes,  called  the  northern  and  southern,  were 
respectively  urged  on  the  commissioners.  Both  routes 
would  commence  at  one  point  on  I^ake  Erie,  in  the  coun- 
ty of  vJhautauque,  and  lead  to  Bath,  in  the  county  of  Stcu- 


182t).]  OK    NEW-VORK.  211) 

ben,  but  from  Bath  the  north  route  led  toltliaca,  and  from 
thence  of  Catskill,  in  the  county  of  Greene  ;  wliilo  the 
southern  route  proceeded  from  Bath  to  Painted  Post  ; 
thence  alonjx  the  Chemung  river  to  New  Town  ;  from 
thence  to  Binghamton,  and  thence  through  the  counties 
of  Dehiware,  SuHivan  and  Orange,  to  the  Hudson  river 
at  N yack,  in  the  county  of  Rocldand,  The  commissioners 
preferred  the  northern  route  and  'Mhey  recommend  that 
it  be  located  from  Bath  to  the  head  of  Seneca  lake — from 
t!ie  head  of  Seneca  to  the  village  of  Ithaca — thence  to 
the  village  of  Unadilla,  in  the  county  ol"  Utscgo — ihence 
by  the  way  of  Delhi,  in  the  county  of  Delaware,  to  the 
village  of  Madison,  and  from  thence  to  the  IJudson  river, 
cither  at  the  village  of  Atiiens  or  CatskiH,  as  shall  lie 
deemed  most  expedient  by  the  person  ur  persons  who  may 
by  law  be  authorized  to  lay  out  the  I'oad." 

By  the  act  under  which  the  commissioners  were  ap- 
pointed, it  was  expressly  made  their  duty  to  d  signate 
what  in  their  judgment  would  be  the  best  route  for  a  road 
from  Lake  Erie  to  the  Hudson  river  ;  they  thercfoi'e  made 
this  recommendation  in  pursuance  of  the  peremptory  di- 
rections of  the  act.  "Here,"  say  the  coiTmiissionors,  "in 
strict  conformity  to  the  terms  of  the  act  of  the  20th  April 
last,  the  remarks  of  the  commissioners  ought  to  close  ;  but 
entertaining  as  they  do^  an  opinion  that  the  plan  of  con- 
structing one  line  of  road  from  the  Hudson  to  Lake  Eric, 
is  not  the  best  mode  of  applying  the  resources  of  the  state 
to  tlie  im])rovement  of  the  country  between  the  Erie  canal 
and  the  Pennsylvania  line,  they  beg  leave  most  respect- 
fully to  suggest  a  plan  of  improvement,  in  their  judgment 
better  adar.ted  to  the  accomplishment  of  the  ohj(!ct  in- 
tended to  be  attained,  and  more  commensurate  with  the 
wants  and  wishes  of  the  great  mass  of  population  iiielud 
ed  in  the  territory  soutli  of  the  line  of  the  Erie  canal. 


22J  POLITICAL    IIISTOJIY  [1626. 

"  That  one  continuous  route  will  not  be  commensurate 
Avitli  the  necessities  of  this  great  section  of  the  state,  is 
most  evident ;  for  should  the  most  northern  route  be  fixed 
upon  by  legislative  enactment,  the  citizens  residing  in  the 
southern  part  of  Delaware  county,  and  in  the  valleys 
of  the  ^usquchannah  and  Chemung,  must  of  necessity 
approucli  it  by  travelling  at  nearly  right  angles,  an  average 
distaiice  of  forty  miles  :  and  should  the  southern  route 
alone  be  ado))ted.  the  citizens  upon  the  northern  location 
woiikl  be  subjected  to  the  like  inconvenience  ;  while  the 
peculiar  formation  of  the  country  is  such  as  not  to  admit  of 
an  intermediate  route  between  the  northern  and  southern 
locations. 

"Notwithstanding  the  palpable  necessity  of  opening  a 
communication  from  the  junction  of  east  and  west  Dela- 
ware, at  Shohockcn,  to  the  Hudson  river,  it  is  an  indispu- 
table fad,  that  such  is  the  sterility  of  the  country,  and  the 
pov  -rty  of  the  inhabitants  along  the  banks  of  the  Dela- 
ware, that  many  years  must  elapse  before  any  hope  can 
be  entortaineJ  that  such  communication  will  be  opened, 
unless  clTected  by  the  state.  On  the  other  hand  it  is  to 
be  remarked,  that  there  is  at  present  no  communication 
from  the  head  of  Seneca  lake  to  Bath,  a  cominunication 
higlily  import;uit  to  that  section  of  the  state,  and  that  this 
cannot  be  effected  without  aid  from  the  public  treasury. 
Tlui  commissioners  therefore  recommend,  that  instead  of 
constructing  one  continuous  line  of  road  from  the  Hudson 
river  to  Lake  Erie,  a  road  be  constructed  from  the  head 
of  the  west  branch  of  the  Delaware,  in  Delaware  county, 
through  Unadilla,  Ithaca,  and  the  head  of  Seneca  lake  to 
Bath,  and  I'rom  Bath  through  Angelica  and  Ellicottville, 
to  the  town  of  Gerry,  in  the  county  of  Chautauque.  From 
this  place  a  road  can  and  will,  no  doubt,  l)e  made  bv  pri- 
vate enterpi-ise,  to  Dunkirk,  and  to  IMi-tland  bv  the  way 
of  ?ilayville.     That  from   Bath   to  Russell's   tavern,  four 


182G.]  OF    NEW-YORK.  221 

miles  oast  of  Binghamton,  on  the  southern  route,  a  most 
excellent  road  can  be  made  at  very  small  expense.  Lit- 
tle more  need  be  expended  than  will  be  necessary  to  widen 
the  narrows  mentioned  in  statement  D. 

"From  Russell's,  a  road  should  be  constructed  along  the 
route  described  in  statement  D.,  cither  to  William  Gray's, 
in  Liberty,  in  the  county  of  Sullivan,  or  to  the  Lackawax- 
en  canal,  at  Wawarsing,  or  at  some  other  point  south  of 
that  place.  From  the  statement  D,  and  the  profile  with 
which  it  is  accompanied,  it  will  be  perceived,  that  one  of 
the  easiest  and  best  roads  in  the  nation  can  be  constructed 
along  the  banks  of  the'  Beaver-Kill  and  Willewemock. 
At  the  Lackawaxen  canal,  or  at  Liberty,  this  branch  of 
the  state  road  should  terminate. 

"The  northern  route,  as  has  been  remarked,  should  be 
w^orked  at  the  expense  of  the  state,  from  Bath  to  the  head 
of  the  west  branch  of  the  Delaware,  in  the  county  of  Dela- 
ware. Near  this  place,  the  Durham  and  Windham  turn- 
pike intersect,  and  with  a  little  improvement,  may  "be 
made  excellent  roads,  and  highly  profitable  to  the  stock- 
holders. A  diagram  herewith  submitted,  marked,  A,  A, 
presenting  in  one  view  the  whole  of  the  routes  surveyed, 
will  enable  the  legislature  to  perceive  how  fully  this  ])lan, 
if  executed,  would  satisfy  the  reasonable  expectations  of 
every  portion  of  the  inhabitants  of  that  part  of  the  state 
lying  between  the  Hudson  river  and  Lake  Erie,  and  Penn- 
sylvania line  and   the  Erie  canal." 

The  commissioners  estimated  the  expense  of  making  the 
road  at  two  thousand  dollars  j^er  mile,  which,  supposing 
the  line  of  road  to  be  four  hundred  miles,  would  have  re- 
quired an  expenditure  of  less  than  a  million  of  dollars. 
But  as  well  the  project  of  a  continuous  route  contemplated 
by  the  act  of  1825,  as  that  recommended  by  the  commis- 
sioners, met  with  an  able  and  zealous  opposition  from  the 
members  representing  the  counties  bordering  on  the  En« 


222  po[,iTicAL  HisTonY  [1826. 

and  Cliarnplain  canals.  The  Speaker,  Col.  Yonnir,  Mr. 
Granger,  and  Mr.  Sill  of  Oneida  county,  men  of  tal- 
ents and  great  personal  influence,  exerted  all  their  energies 
to  defeat  the  bill.  On  the  other  hand,  it  was  sustained 
bv  Messrs.  Ivoot,  Vanderpoel,  Cruger  and  Woodcock, 
with  equal  zeal  and  address.  Nothing  like  political  preju- 
dice or  partial. ty  mingled  in  this  contest.  There  is.  how- 
ever, in  this  staU:,  a  party  which  has  long  existed,  which 
for  many  years  has  controlled  all  its  great  financial  meas- 
ures, and  wliich  for  anght  I  can  perceive,  is  likely  to 
hold,  atid  perliaps  increase  its  power,  which  on  this  occa- 
sion exerted  all  its  influence — I  mean  the  Euje  Canal 

PAHTV. 

An  attentive  observer  will  have  seen  that  whether  fed- 
eralists or  dunocrats,  bucktails  or  Clintonians,  anti-masons 
or  loco  focos,  if  they  were  from  the  counties  bordering  on 
the  Erie  can;'.!,  th^iy  were  always  found  together  on  all 
questions  in  rela'ion  to  any  considerable  expenditure  of 
pul)lic  money,  on  all  commercial  questions,  and  on  all 
quL'stions  afT ctiiig  llie  financial  concerns  of  ihe  state. 
Tliis  forini<labi  J  [Mrty,  led  by  such  able  and  talented  men 
as  Young,  Granger  and  Sdl,  finally  defeated  the  state  road 
project.  Wheiiu-r  this  project  was  wise,  must  be  admit- 
ted questionable  ;  but  to  me  it  is  very  certain,  that  had 
the  road  been  made,  the  southern  railroad  project  would 
not  have  been  adopted,  and  the  complaints  of  the  inhabi 
tants  of  the  southern  tier  of  counties  would  have  been 
removed.  'J'hey  would  have  been  not  only  fully  satis- 
fied— they  would  have  been  grateful  for  the  bounty  of  the 
state. 

I  cannot  say  tliat  I  was  ever  in  favor  of  the  measure  in 
the  abstract.  My  opinion  on  the  subject  of  internal  im- 
provements by  tiie  state,  subsequent  to  the  com[)letion  of 
the  grand  canals,  will  be  frankly  given  when  the  propri- 
ety of  constructing  the  Chenango  canal  shall  be   consid- 


1828.] 


OF    NEW-YORK. 


223 


ercd.  My  business  as  a  commissioner  was,  not  to  decide 
whctlicr  the  road  ought  to  be  made,  but  where  it  ought  to 
be  made.  But  to  those  who  entertain  a  dilTerent  opinion 
from  mo  on  that  subject,  and  especially  to  the  inhabitants 
of  tlie  southern  tier  of  counties,  I  would  submit  the  fol- 
lowing questions  : — Would  not  a  pood  McAdamized  road 
from  Lake  Erie  to  the  Genesee  Valley  canal  ;  from  the 
Genesee  Valley  canal  to  the  Chemung  canal  ;  from  thence 
to  the  Chenango  canal ;  from  thence  northerly  to  Potter's 
Hollow,  wliere  it  would  intersect  the  Calskill  railroad, 
and  also  southerly  along  the  Beaver-Kill  through  Sullivan 
couniy,  to  the  Ulster  and  Delaware  canal  ;  and  from  some 
point  on  that  canal  to  Goshen,  in  the  county  of  Orange, 
where  it  would  intersect  the  railroad  now  completed  to 
that  place,  have  contributed  more  to  the  convenience  and 
wcali'i  of  those  secluded  counties,  than  the  great  southern 
railroad,  even  suppose  it  was  completed  at  an  expense  of 
tw(.ive  millions  of  dollai's  ?  The  improvement,  by  a 
McAdamized  road,  which  I  have  suggested,  might  have 
De^n  m;t'lr^  at  an  expense  of  two  millions  nfdolhirs.  Had 
the  phiii  I  have  proposed  been  adopted,  how  many  nour- 
ishing vilhigcs  v.'ould  have  sprung  uj)  in  that  i-egion  of 
counlrv,  which  now  (probably,)  never  will  exist  ? 

The  \).\\  fir  constructing  the  slate  r()..\-A  \v;is  liDally  indc- 
finiti!ly  postponed,  by  the  close  vote  of  fifty  to  forty-eight. 
To  show  ihat  sectional  feelings  operated  upon  ihe  voters, 
on  both  sides  of  ihis  question,  I  give  the  nyc;s  and  noes,  and 
the  counli^.s  in  which  they  respectively  rcsid.'d  : 

Jlyes — ?,Icsf^rs.  Adriance,  Dutchess  ;  Akin,  Dutchess  ; 
Betis,  Onon.!aga  ;  Boughton,  Ontario  ;  Bovee,  Montgo- 
m-."v  ;  j^r.fklin,  .Tefferson  ;  Burnham.  Cayuga  ;  Churchill, 
G<n';soe  ;  del  md,  Herkimer  ;  Cole,  Washington  ;  Cooper, 
N<-\v-York  ;  Cowles,  Putnam  ;  Dibble,  Madison  ;  Dil)ble, 
Sari'.toga  ;  Di'-fendorfl",  Montgomery  ;  Doty,  St.  Lawrence; 
Eldredge,  vSchoharie  ;  Ferris,  Cayuga  ;  Filley,  Rensselaer; 


224  POLITICAL    HISTORY  [lc26. 

French,  Montgomery;  Grant,  Orleans;  Hascall,  Franklin; 
Hendricks,  Seneca;  Hull,  Oneida;  Jevvelt,  Onondaga;  La- 
cev,  Monroe;  Lawrence,  Dutchess;  J.  Lvndc,  Cortland; 
T.  Lynde,  Chenango;  Miller,  Lewis;  Moore,  Suffolk;  Or- 
vis,  Jefferson;  Sanders,  Schenectady;  Schuyler, Herkimer, 
Daniul  Scott,  Seneca;  David  Scott,  Genesee;  J.  IL  Smith, 
Westchester;  W.  Smith,  Essex;  Speaker,  Saratoga;  Ste- 
venson, Washington;  Stoddard,  Oneida;  A.  Ten  Eyck, 
Albany;  Townsend,  Delaware;  Van  Horn,  Montgomery; 
Waldo,  Cayuga;  Whipplo,  Albany;  W"i!ey,  Westchester; 
Willard,  Onondaga;  Williamson,  Suffolk;  Woods,  W^ash- 
ington — fifty. 

,M'nes — Messrs.  Allen,  New-York  ;  Baldwin,  Tioga  ; 
Barnes,  Oneida;  Beardsley,  Otsego;  Benson,  Tompkins; 
Brasher,  New-York;  Bruyn,  Ulster;  Camp,  Tioga;  Clark, 
Oneida;  Collins,  Rensselaer;  Crary,  Sullivan;  Donnelly, 
(Portland;  Faulkner,  Livingston;  Fitch,  Otsego;  Footc, 
ChautauOjUe;  Forbes,  Onondaga;  Fox,  Warren;  Granger, 
Ontario;  J.  Hall,  New-York;  Heaeock,  Erie;  Hunting- 
ton, Madison;  E.  W.  King.  New-York;  W.  King,  Nia- 
gara; Kip,  Wayne;  Lounsbury,  Ulster;  Lush,  Albany; 
M'Farlan,  Orange;  Minard,  New-York;  Monell,  Chenan- 
go; Pierce,  Rensselaer;  Pitts,  Ontario;  J.  E.  Robinson, 
New- York;  P.  Robinson,  Broome;  Root,  Delaware;  Sco- 
field,  Wcschester;  Seamen,  Greene;  A.  Smith,  Yates; 
Spencei  Livfngston;  Stanton,  Gencsse;  Strevel,  Colum- 
bia; Suilren,  Rockland;  Tripp,  Otsego;  Vanderpoel,  Co- 
lumbia; Wheeler,  Steuben;  G.  W^illiams,  Allegany;  I. 
Williams,  Washington;  Woodcock,  Tompkins;  Wood- 
ward, Orange—  forty-eight. 

The  following  members  were  absent : 

Messrs.  Benedict,  Saratoga;  Cruger,  Steuben;  Dennis, 
Cayuga;  Elmore,  Ulster;  Fellows,  Monroe;  Fisk,  Clin- 
ton; Fnrman,  Kings;  Gelslon,  New-York;  Groesbeck, 
Rensselaer;  A.  Hall,  Wayne;    Hayes,  Otsego;  Hill,   Co- 


1826.]  OF    NEW-YORK.  225 

lumbia;  HofTman,  Orange;  Jones,  Queens;  Mathews. 
Monroe;  Mattice,  Schoharie;  M'GIashan,  Cattaraugus; 
Porter,  Greene;  Schultx,  Orange;  Sherman,  New- York; 
Sill,  Oneida;  J.  Ten  Eyck,  Madison;  Thompson,  New- 
York;  Tracy,  Chenango;  Tread  well.  Queens;  Varncy, 
Herkimer;  Wardwell,  Jeflerson;  H.  Williams,  Oswego — 
twenty-eight. 

Of  the  twenty-eight  members  who  were  absent,  thirteen 
were  in  favor  of  the  road.  Upon  a  review  of  the  above 
statement  it  will  be  perceived,  that  of  the  fifty  who  voted 
in  favor  of  an  indefinite  postponement  of  the  bill,  all  but 
ten  of  them  represented  counties  bordering  on  either  the 
northern  or  Erie  canal. 

William  B.  Rochester,  circuit  judge  of  the  eighth  dis- 
trict, resigned  his  office  in  consequence  of  being  appoint- 
ed minister  on  the  part  of  the  United  States  to  the  con- 
gress of  Panama. 

The  vacancy  caused  by  this  resignation  occasioned  con- 
siderable negotiation  and  a  serious  struggle  between  the 
governor  and  the  Van  Buren  or  Crawford  party  in  the  se- 
nate. 

Heman  J.  Redfield,  late  a  senator  from  the  eighth  dis- 
trict, had  been  one  of  the  seventeen  by  whose  vote  the 
passage  of  an  electoral  law  in  1824  had  been  defeated. 
That  vote  had  rendered  him  extremely  unpopular  in  his 
district  and  prostrated  all  expectation  of  his  being  con- 
tinued in  public  life  by  the  suffrages  of  a  majority  of  the 
people.  The  regency  considering  that  he  had  sacrificed 
his  popularity  by  an  act  done  in  pursurance  of  their  ad- 
vice and  from  a  principle  of  fidelity  to  his  party,  were  ex- 
tremely anxious  to  provide  for  him  by  means  of  the  ap- 
pointing power.  By  the  bye,  it  was  an  invarible  rule 
with  Van  Buren  and  his  party  never,  if  it  could  possibly 
be  prevented,  to  permit  a  political  friend  to  suffer  in  con- 
sequence of  adherence  to  them.     This  rule  seems  to  me 

O 


226  POLITICAL    HISTORY.  [182G. 

not  only  founded  in  good  policy  but  perfectly  just,  Mr. 
Rcdneid,  though  by  no  means  a  man  of  brilliant  talents, 
was  a  man  of  unexceptionable  private  reputation  and 
amiable  in  his  deportment  and  character.  There  could 
therefore  be  no  personal  objection  against  him.  On 
him  the  regency  fixed  as  their  candidate  for  a  suc- 
cessor to  Judge  Rochester.  They  probably  urged  his 
nomination  upon  the  governor,  for  the  reason  among 
others,  that  they  wished  to  lay  the  foundation  of  bringing 
a  majority  of  their  friends  into  his  support  for  governor 
at  the  next  election  ;  that  in  effecting  this,  it  was  mani- 
fest they  had  to  encounter  the  most  obstinate  prejudices; 
that  if  he  would  nominate  Redficld,  such  an  act  would 
afford  a  proof  of  his  liberality  and  good  feeling  towards 
their  party,  as  would,  in  all  probability,  dissipate  those 
prejudices,  which  it  now  seemed  so  difficult  to  overcome; 
and  they  might  also  have  reminded  him,  that  putting  it  on 
the  ground  that  he  held  an  attitude  politically  hostile  to 
the  senate,  it  was  reasonable  that  he  should  nominate  a 
portion  of  the  principal  oiTicers  from  their  ranks.  They 
also  might  have  called  to  his  recollection  the  conduct  of 
the  senate  on  the  nomination  of  Mr.  Jones.  The  gover- 
nor, 1  have  many  reasons  for  believing,  was  desirous  to 
gratify  their  wishes  ;  but  there  were  obstacles  in  the  way 
of  his  taking  that  course,  which,  to  him„  appeared  insuper- 
able. His  supposed  hostility  to  the  course  taken  by  Mr. 
Redfield,  in  common  with  the  corps  of  seventeen  senators, 
was  beyond  all  doubt  the  cause  of  his  own  election  as  go 
vernor.  Having  obtained  his  election  upon  that  ground, 
could  he  now  olficially  ap])rove  of  the  conduct  of  one  of 
the  seventeen?  Again,  the  eighth  district  was  his  strong- 
hold. In  that  district,  was  contained  the  great  strength 
personally  and  politically  of  Governor  Clinton.  He  knew 
that  the  appointment  of  Mr.  Redfield  would  mortify  and 
dis[)lease  nearl}'  ev'ery  friend  he  possessed  in  that  region ; 


182G.]  OF  NEW-YORK.  22? 

and  he  might  have  urged  to  the  regency  party,  that  if 
they  i-cally  desired  him  as  their  candidate  for  governor, 
nothing  could  be  more  injurious  to  them  as  a  party  than 
such  a  measure  ;  for  it  would  put  it  out  of  Mr.  C.'s  power 
to  carry  any  considerable  number  of  his  friends  to  the  new 
Jackson  party,  which  it  was  in  contemplation  to  form. 
This  view  was  not  satisfactory  to  the  regency  ;  and  for 
the  purpose  of  gaining  time,  and  probably  for  the  purpose 
of  paving  the  way  for  the  appointment  of  Mr.  Redfield, 
Albert  H.  Tracy  was  nominated  by  the  governor  for  the 
ofTice  of  judge  of  the  eighth  circuit,  and  his  nomination 
was  concurred  in  by  the  senate.  This  nomination  was 
made  by  the  governor  and  confirmed  by  the  senate,  when 
both  parties  entertained  reasonable  expectations  that  he 
would  decline  the  o-ffice.  These  expectations  were  real- 
ized. Mr.  Tracy  soon  after  declined.  The  governor 
then,  instead  of  nominating  Redfield,  as  probably  many  of 
the  senators  hoped  and  believed  he  would  do,  nominated 
Moses  Hayden,  a  member  of  congress,  from  one  of  the 
western  congressional  districts,  whose  nomination  the  sen- 
ate promptly  rejected.  This  nomination  was  followed  bv 
the  nomination  by  the  governor,  and  rejection  by  the 
senate,  of  Ashley  Sampson,  a  respectable  lawyer  of  Ro- 
chester. Nothing  further  was  done  until  about  the  last 
day  of  the  session,  when  the  governor  nominated  John 
Birdsall,  in  which  nomination  the  senate  concurred.  Mr. 
Birdsall  was  a  moderate  Clintonian.  This  affair  finally 
terminated  without  producing  any  bad  feeling  between  the 
governor  and  senate.  I  know  that  the  governor  became 
convinced  that,  however  deserving  a  man  Redfield  might 
be,  his  nomination  would  be  fatal  to  the  governor's  stand- 
ing with  his  old  friends  ;  and  it  is  probable  that  that  ex- 
ceedingly judicious  man,  Mr.  Knower,  who,  principally 
in  behalf  of  the  regency,  communicated  with  Mr.  Clinton 
in  relation  to  this  matter,  arrived  at  the  same  conclusion^ 


228 


POLITICAL    HISTORY 


[1820. 


and  therefore  ceased  to  press  it,  or  rather  endeavored  to 
reconcile  and  quiet  the  feehngs  of  the  friends  of  Mr.  Red- 
field  as  he  best  could.  Before  the  adjournment  of  ihe 
legislature,  each  party  held  legislative  caucuses,  ami  each 
of  them  recommended  a  state  convention,  to  nominate  a 
governor  ;  the  Clintonians  appointed  their  convention  at 
Utica  on  the  21st  September  ;  and  the  democratic  party 
appointed  theirs  at  Herkimer  on  the  first  Wednesday  in 
October.  This  was  the  first  time  the  democratic  party  in 
the  legislature  had  ever  yielded  the  right  or  power  to 
nominate  a  governor  to  delegates,  chosen  for  that  special 
purpose  by  the  people. 

The  two  houses  adjourned  on  the  18th  of  April. 

The  senate,  previous  to  its  adjournment,  unanimously 
passed  a  resolution  of  thanks  to  Lt.  Governor  Tallmadge 
for  the  amiable  and  courteous  manner  in  which  he  had  pre- 
sided over  that  body  during  the  two  preceeding  sessions. 
That  this  complimentary  vote  was  justly  merited  by  Gen, 
Tallmadge,  none  who  know  him  will  doubt.  All  allow 
him  a  high  order  of  talent.  And  perhaps  there  is  no  man 
in  America,  sav-e  one,  (Henry  Clay,)  who,  with  so  much 
grace,  could  blend  the  courtesy  of  a  gentleman  with  the 
authority  and  dignity  of  a  presiding  officer  in  a  delibera- 
tive assembly  as  Mr.  Tallmadge.  The  tone  of  the  reply 
of  Gen.  Tallmadge  to  the  senate  was  melancholy  and  indi- 
cated a  subdued  and  broken  down  spirit. 

At  the  close  of  the  proceedings  in  the  assembly,  ac- 
cording to  the  report  of  the  Albany  Daily  Advertiser,  a 
scene  of  a  character  somewhat  singular  occurred.  The 
following  is  the  account  as  given  in  that  paper  : 

"On  motion  of  Mr.  Allen,  the  speaker  left  the  chair, 
and  Mr.  Wood  took  it. 

"  Mr.  Allen  then  offered  a  resolution  tendering  the 
thanks  of  .the  house  to  Samuel  Young  for  the  able  and 


1826. J  OF    NEW-YORK.  229 

impartial  manner  in  which  he  had  performed  the  duties  of 
the  chair  during  the  session. 

"  Mr.  Root  said  he  wished  the  clerk  would  not  enter 
■the  resolution  as  having  passed  unanimously. 

•'  The  question  was  then  put  on  the  resolution,  and  it 
carried. 

"  Mr.  Hoffman  and  some  others  said  as  the  resolution 
had  passed  unanimously  it  ought  to  be  so  entered  on  the 
journals. 

"To  this  Mr.  Root  objected. 

"  The  speaker  then  took  the  chair  and  addressed  the 
house  nearly  as  follows  : 

"  'Gentlemen — I  confess  that  1  did  not  anticipate  that 
this  resolution  would  pass  unanimously,  and  I  am  not 
therefore  prepared  to  address  you  as  I  ought.  I  wish  you 
a  safe  return  to  your  friends  and  families,  and  may  God 
pi'otect  you  through  life.' '' 

The  Advertiser  was  a  Ciintonian  paper  and  opposed  to 
Col.  Young  and  a  majority  of  the  assembly.  It  is  there- 
fore possible,  if  not  probable,  that  this  report  of  the  pro- 
ceedings may  be  inaccurate.  For  to  me  it  seems  quite  un- 
accountable that  Col.  Young  should  excuse  himself  for 
not  replying  to  a  complimentary  resolution  of  the  assem- 
bly because  he  had  anticipated  such  a  resolution  would  not 
have  passed  unanimously,  when  in  point  of  fact  it  had  not 
passed  unanimously,  so  distinguished  a  member  as  Gen. 
Root  audibly  objecting  to  it.* 

That  a  misunderstanding  in  the  course  of  the  session 
happened  between  Mr.  Young  and  Mr.  Root,  and  that 
personally  unkind  feelings  were  generated  between  them, 
and  so  much  so  that  Mr.  Root  refused,  at  the  close  of  the 
session,  to  record  his  vote  approving  of  the   conduct  of 

*  Since  the  above  was  written,  I  have  examineil  the  account  of  this  transaction  as 
given  I)V  the  Albany  Argus,  and  find  it  does  not  materially  vary  from  that  given  in  the 
Advertiser. 


230  POLITICAL    HISTORY  [1826. 

Mr.  Young  as  speaker,  I  have  no  doubt.  Possibly  some 
expressions  made  by  Mr.  Root,  after  Mr.  Allen  had  pro- 
posed his  resolution,  disturbed  so  much  the  equanimity  of 
the  temper  of  Col.  Young,  that  at  the  moment  he  felt  in- 
capable of  making  a  suitable  response  to  the  assembly. 
This  may  have  been  the  true  reason  why  he  rnadu  no  re- 
ply. It  is  very  certain  that  after  this  session,  Gtrn.  Root 
and  Col.  Young  never  acted  cordially  together,  either  as 
personal  or  political  friends. 

On  the  4th  July,  1826,  John  Adams  died  in  Massnchu- 
setts,  and  Thomas  Jefferson,  on  the  same  day,  died  in  Vir- 
ginia. The  circumstance  was  so  extraordinary  as  to  ap- 
proach the  miraculous.  Both  were  of  the  committee  in 
the  Continental  Congress  which  prepared  the  dt'claration 
of  independence — Mr.  Jefferson  being  the  principal  au- 
thor of  that  immortal  state  paper — both  signed  that  de- 
claration ;  both  had  represented  the  nation  in  Europe  ;  both 
had  been  president  of  the  United  States,  and  both  died  on 
the  4th  day  of  July,  upon  the  close  of  one-half  a  century 
after  the  occurrence  of  that  stupendous  event.  It  is  dif- 
ficult to  account  upon  the  doctrine  of  chances  for  this  won- 
derful coincidence.  There  are  indeed  "  more  things  in 
heaven  and  earth  than  are  dreamt  of  in  our  philosophy." 
Public  meetings,  without  distinction  of  parties,  were  held 
and  eulogies  were  delivered  in  most  of  the  cities  and  the 
principal  villages  in  the  state,  upon  the  occasion. 

On  the  6th  of  September,  William  P.  Van  Ness,  U.  S. 
judge  of  the  southern  district  of  New- York,  being  appa- 
rently in  high  health,  died  instantaneously,  probably  in  a 
fit  of  apoplexy.  Few  men  in  this  or  any  other  country, 
possessed  finer  intellectual  powers  than  Judge  Van  Ness. 
Unfortunately  his  temper  was  gloomy  and  sometimes  vin- 
dictive. 

The  Clintonian  convention  was  held  at  Utica,  on  the 
21st  of  September,  and  a  full  representation  of  delegates 


1826.]  OF    NEW-YORK.  231 

from  nearly  all  the  counties  in  the  state  were  in  attend- 
ance. Gen.  Pierre  Van  Cortlanclt  of  Westchester  county, 
was  chosen  pi'esident,  and  Samuel  Stevens  and  Simon  G. 
Throop,  secretaries.  Mr.  Clinton  was  unanimously  nomi- 
nated for  a  re-election.  Some  difhculty  was  encountered 
in  the  selection  of  a  candidate  for  lieut.  governor.  \\, 
was  on  all  hands  determined  not  again  to  nominate  ]Mr. 
Tallmadge  ;  and  although  when  he  found  himself  al)an- 
doned  by  his  anti-Clintonian  democratic  friends,  he  had  in 
the  coure  of  the  summer  intimated  to  some  of  his  old 
{.'lintonian  associates,  his  willingness  to  be  again  the  can- 
didate of  that  party  with  Mv.  Clinton,  whom  he  had  for  the 
last  two  years  so  industriously  opposed,  not  a  single  voice 
was  raised  in  his  favor.  After  some  inquiry,  it  was  found 
that  Mr.  Henry  Huntington,  an  old  and  highly  res[X3ctabIe 
citizen  of  Oneida,  and  president  of  the  bank  of  Utica,  Vvho 
lias  been  several  times  before  mentioned,  had  very  reluc- 
tantly consented  to  be  a  candidate.  As  soon  as  it  was  as- 
certained that  he  had  yielded  such  consent,  he  was  nomi- 
nated with  great  unanimity.  He  was  known  to  be  an  ex- 
ceedingly judicious  man,  of  great  purity  of  character,  pru- 
dent and  cautious  as  a  salesman,  and  liberal  towards  hi-s  po- 
litical opponents.  His  nomination  seemed  universally 
acceptable,  and  yet  he  failed  in  his  election,  although  Mr. 
Clinton  succeeded,  the  causes  of  w^hich  will  soon  be 
stated. 

The  address  issued  by  the  convention  was  drawn  by  P. 
C.  Van  Wyck,  of  New-York.  It  w^as  dignified,  mild 
and  conciliatory.  He  had  been  an  early  uniform  and  effi- 
cient friend  of  Mr.  Clinton,  and  this  was  his  last  political 
service.  Ho  died  the  winter  following,  deeply  and  justly 
lamented  by  ail  who  knew  him.  The  convention  separa- 
tedvwith  the  most  sanguine  hopes  of  success.  It  was  a 
common  error  of  Mr.  Mr.  Clinton  and  his  friends,  that  they 
seldom  foresaw  difficulties.     They  were  always  certain  of 


232  POLITICAL    HISTORY  [1826. 

a  triumph  until  after  the  election.  Like  the  romuiitic  son 
of  the  old  Vicar  of  Wakefield,  they  had  "an  excellent 
knack  at  hoping.'' 

I  have  stated  that  the  Alhany  regency  had  intimated 
to  Mr.  Clinton  that  they  did  not  desire  to  support  a  can- 
date  against  him.  In  making  these  intimations,  I  have 
no  doubt  they  were  perfectly  sincere.  I  have  strong  rea- 
sons for  believing  that  IMr.  Van  Buren,  Mr.  Knower,  Mr. 
Marcy,  and  several  other  gentlemen  of  distinction  of  that 
party,  prior  to  the  Herkimer  convention,  were  averse  to 
making  any  nomination  ;  but  a  very  large  majority  of 
their  political  friends  could  not  be  induced  to  accord  with 
them  in  opinion.  When  they  perceived  the  current  so 
strong  in  favor  of  a  nomination  adverse  to  Mr.  Clinton, 
they  yielded  to  it,  and  in  my  opinion  were  not  only  excu- 
sable, but  justifiable  in  doing  so.  They  had  never  intima- 
ted to  the  governor  or  any  of  his  friends  that  they  should 
take  a  course  contrary  to  the  opinion  of  the  majority  of 
the  political  parly  to  which  they  belonged.  They  there- 
fore acted  with  perfect  c-ood  faith  towards  him.  when, 
after  having  failed  to  convince  a  majonity  of  their  party 
that  it  WHS  best  to  support  him,  they  still  adhered  in  good 
faith  to  the  determination  of  the  majority  of  that  party. 
They  however  favored  the  nomination  of  a  man  for  gov- 
ernor, whom  they  believed  to  be  a  weak  candidate.  That 
man  was  Judge  Rochester,  who,  although  a  well  bred  and 
accomplished  gentleman,  was  but  little  known  to  the  pub- 
lic, and  had,  in  fact,  never  distinguished  himself  for  any 
statesman-like  qualities.  Mr.  Rochester  being  a  western 
man,  and  rather  a  favorite  of  the  delegates  from  the  west, 
was  nominated.  Mr.  Van  Buren  and  his  friends  fdt  more 
interest  in  the  selection  of  a  candidate  for  lieutenant-gov- 
ernor. They  did  not  expect,  and  perhaps  I  may  safely 
say  they  hardly  wished  to  succeed  in  electing  their  guber- 
natorial candidate,  but  they  were  extremely  anxious  to 


182G.] 


OF    NEW-YORK. 


233 


maintain  their  ascendancy  in  the  legislature,  and  the  heu- 
tenant-govcrnor,  under  certain  circumstances,  might  have 
a  right  to  a  vote  in  tlie  senate,  and  at  any  rate  his  influ- 
ence in  that  house  might  be  of  very  considerable  iiriport- 
ance  in  relation  to  eventual  success  in  their  ulterior  views. 
Mr.  Huntington  lived  in  the  valley  of  the  Erie  canal.  It 
was  by  means  of  the  influence  exerted  by  the  representa- 
tives in  the  legislature  from  that  valley,  that  the  great 
state  road  project  had  been  defeated.  If,  therefore,  a  can- 
didate could  be  selected  who  would  command  the  support 
of  the  friends  of  that  measure,  and  at  the  same  time  re- 
ceive the  united  vote  of  the  disci])Iined  democratic  pha- 
lanx in  other  parts  of  the  state,  these  sagacious  politicians 
perceived  a  reasonable  prospect  of  success  ;  and  with  this 
view,  they  nominated  Gen.  Nathaniel  Pitcher,  one  of  the 
late  state  road  commissioners. 

The  convention  at  Herkimer,  which  met  on  the  fourth 
of  October,  was  organized  by  the  appointment  of  James 
L.  Hogeboom  for  president,  and  David  E.  Evans  and  Ed- 
ward Livingston  for  secretaries.  The  counties  in  the 
state  were  generally  represented  by  delegates.  Judge 
Rochester  received  103  votes  for  governor,  and  Nathaniel 
Pitcher  98  for  lieutenant-governor. 

A  short  time  previous  to  the  election,  discerning  men 
perceived  that  the  competition  between  the  candidates 
would  be  much  closer  than  had  been  anticipated.  All  the 
old  prejudices  against  Mr.  Clinton  were  called  out-  and 
rendered  active.  But  besides  the  effects  which  these  feel- 
ings produced,  another  cause  operated  powerfully  against 
him. 

It  was  the  intention  of  Mr.  Van  Buren  to  conduct  this 
election  without  reference  to  the  presidential  question, 
which  was  to  be  decided  in  1828.  Mr.  Rochester  was  a 
warm  friend  and  supporter  of  the  administration  oi  Mr. 
Adams,  or  rather  he  was  the  personal  and  political  friend 


234  poLiTic'Ai.  Hisioiiv  [1S26. 

of  Mr.  Clav.  The  Rocliestcr  iaiuily  were  from  the  state 
of  Maryhiiid,  and  before  they  migrated  to  this  stats!,  a 
frieiidshi|)  had  been  formed  between  that  family  and  Mr. 
Clay,  whieh  eoiitiniied  unabated  ;  and  it  was  through  Mr. 
CI  iv"s  inlluencf,  who  was  then  secretary  of  state,  that 
.lud'io  Rochester  had  been  invested  with  the  Panama  mis- 
s!c»!i.  All  th.se  circumstances  were  well  known  to  intel- 
iiLT  lit  politi(tians  in  every  part  of  the  state,  and  by  no 
m<in  w  're  tlie\-  uu>re  clearly  perceived  and  fully  appi-c- 
ci:!ti'd  than  (vjn.  Peter  B.  Porter  of  Black  Rock,  a  man 
<.f  great  talent,  address  and  energy,  who,  in  1824  belong- 
ed to  the  people's  party,  and  who  was  and  is  an  ardent 
t'l  i^-nd  and  admirer  of  Mr.  Clay.  A  very  large  portion  of 
the  Clintonians,  as  I  have  before  remarked,  were  friendly 
to  Mr.  Adams,  and  Gen.  Porter  and  other  jjoliticians  simi- 
larly sltuaf  'd,  made  a  strong  appeal  to  them,  urging  that 
Mr.  Clinton,  being  an  avowed  .Jackson  man,  his  election 
would  be  fatal  to  the  prospects  of  Mr.  Adams  in  this  state; 
whci-(>as  the  election  of  Rochester  would  ensure  the  suc- 
cess of  the  Adams  party.  Rellecting  men  felt  that  there 
was  much  trut'i  m  these  representations,  and  they  appre- 
ciated their  importance.  In  reviewing  the  proceedings  of 
that  day,  one  cannot  fail  to  be  surprised,  that  these  con- 
sid>M-ations  did  not  have  more  cflect  than  they  actually  did 
upon  those  Cliulonlans  who  were  determined  to  support  the 
re-election  of  Mr.  Adams.  There  can,  however,  be  no 
dotilit  but  that  these  views  induced  many  Clintonians  to 
vote  for  .Judge  Rochester. 

There  was  another  circumstance  that  operated  in  favor 
of  Mr.  Rochester.  He  was  a  western  man  and  the  peo- 
\)\:'  of  the  west  were  ambitious  to  do  what  they  had  not 
yet  done,  give  the  state  a  governor.  On  th(;  other  hand, 
the  fact  that  Rocliester  was  known  to  be  an  Adams  man, 
had  very  little  effect  upon  that  portion  of  the  demociatic 
party  who   wi.-re  for  Gen.  Jackson.     Generally  speaking. 


1826.]  OF    NKW-YORK.  235 

they  were  strict  caucus  men.  Like  disciplined  troops, 
wherever  their  party  went,  they  would  go  ;  and  Mr.  Clin- 
ton was  the  last  man  in  whose  favor  they  could  be  induced 
to  break  thair  ranks. 

Mr.  Van  Buren  and  his  friends,  who,  by  this  time  had 
really,  though  not  publicly,  put  all  their  political  capital 
at  stake  against  the  Adams  administration,  became  alarm- 
ed. But  what  could  they  do  ?  Their  honor  as  gcntle- 
niim,  and  their  character  as  consistent  politicians,  were 
committed  in  favor  of  the  election  of  Rochcstej-,  and  tlic}' 
could  not,  and  did  not,  consent  to  forfeit  either.  But  it 
can  not  be  doubted,  that  they  viewed  the  result  of  the  con- 
test with  painful  anxiety.  Had  Rochester  have  been 
elected,  there  is  every  reason  to  believe  the  entire  vote  of 
this  state  would  have  been  given  to  Mr.  Adams. 

Mr.  Noah,  editor  of  the  New-York  National  Advocate 
or  Enquirer,  who  had  been  a  warm  Crawford  man,  and  an 
uniform  opponent  of  Mr.  Clinton,  came  out  openly  and 
frankly  for  him  and  Gen.  Pitcher  ;  but  Mr.  Croswell,  of 
the  Albany  Argus,  with  his  usual  zeal,  talent  and  address, 
together  with  the  other  democratic  papers  in  the  state, 
supported  in  good  faith  the  Herkimer  nomination. 

It  was  the  state  road  question  which  finally  decided  this 
election.  The  county  of  Steuben,  a  strong  democratic 
county,  gave  Mr.  Clinton  more  than  one  thousand  majori- 
ty. But  the  same  reason  which  induced  the  democratic 
electors  of  the  south-western  tier  of  counties  to  vote 
against  Mr.  Rochester,  impelled  the  Clintonian  electors  of 
those  counties  to  vote  for  Mr.  Pitcher.  The  result  was, 
that  Mr.  Clinton  was  elected  by  a  majority  of  three  thou- 
sand six  hundred  and  fifty  votes  over  Judge  Rochester, 
and  Mr.  Pitcher  received  four  thousand  one  hundred  and 
eighty-eight  more  votes  than  Mr.  Huntington. 

In  the  election  of  members  of  the  legislature,  the  demo- 
cratic party  obtained  a  complete  and  most  decisive  victo- 


23G  POLITICAL    HISTORY.  [1826. 

ry.  That  party  succeeded  in  the  second,  third,  fifth,  sixth, 
seventh  and  eighth  senatorial  districts,  and  in  the  first, 
where  Gen.  Robert  Bogardus,  a  Clintonian,  was  elected, 
his  success  was  undoubtedly  owing  to  his  being  known  to 
be  an  ardent  Jackson  man. 

In  the  assembly,  the  democrats  elected  about  two  to 
one. 

The  senators  elected  this  year  were  : 

From  the  First  District,  Robert  Bogardus, 
''  Second  do.,     Benjamin  Woodward, 

Third     do.,     John  McCarty, 
"  Fourth  do.,     Duncan  McMartin,  jun., 

"  Filth      do.,     Charles  Dayan,  and 

Truman  Enos, 
*'  Sixt        do.,    Thomas  G.  Waterman, 

"  Seventh  do.,     William  M.  Oliver,  and 

Victory  Birdseye, 
"  Eighth   do.,     Charles  H.  Carroll. 

Mr.  Young,  the  late  speaker,  was  not  re-elected  to  the 
assembly  from  Saratoga. 


1827.]  OF    NEW-YOKK.  237 


CHAPTER  XXXIII. 

FROM  JANUARY  1,  1807,  TO  JANUARY  1,  19^. 

In  the  preceding  autumn  an  event  occurred,  singular  in 
its  character,  and  ;hich,  in  its  consequences,  produced  a 
great  effect,  not  only  upon  society  in  general,  but  on  the 
political  parties  in  the  state  of  New-York,  and  in  several 
other  ot  the  American  states. 

The  society  of  free  masons  had  existed  for  a  long  pe- 
riod of  time  in  the  world.  Indeed,  many  persons  claim 
that  what  are  called  the  secrets  or  mysteries  of  masonry, 
existed  long  before  the  Christian  era ;  some  asserting  that 
the  substantial  parts  of  masonry  w-ere  in  use  among  asso- 
ciations of  the  ancient  Egyptians  ;  and  that  most  of  the 
useful  arts  and  sciences  invented  by  that  wonderful  peo- 
ple, were  the  result  of  the  efforts  and  labors  of  those  as- 
sociations. These  traditions,  which  were  carefully  pre- 
served by  the  modern  masons,  are  no  doubt  principally 
founded  on  fiction,  but  it  is  nevertheless  very  probable 
that  the  society  of  free  masons,  which  has  in  some  form 
existed  for  several  centuries,  (in  all  likelihood  since  the 
crusades)  was  instituted  in  imitation  of  those  secret  socie- 
ties so  common  amoi>g  the  Greeks  and  Romans  and  other 
ancient  Pagan  nations. 

At  this  time  masonic  societies  existed  in  most  of  the 
civilized  nations  on  the  globe,  and  branches  of  them  were 
found  among  nations  who  could  hardly  be  said  to  be  civ- 
ilized. In  New-York,  and  in  fact  in  America,  masonry 
may  be  said  to  have  been  in  its  most  palmy  state.  1  haz- 
ard little  in  asserting  that  a  majority  of  persons  holding 
official  stations  in  the  state,  were  masons.  Legislative, 
judicial  and  executive  officers,  from  presidents  and  gov- 


238  Por.iTicAL  ursTORY  [1827. 

ernors  to  deputy  marshals  and  constables  ;  from  judges 
of  the  supreme  court  to  justices  of  the  peace  ;  and  from 
the  grave  and  reverend  senator  to  the  town  meeting  ora- 
tor, were,  it  is  probable,  a  majority  of  them  free  ma- 
sons, solemnly  jilcdged  to  perform  the  obligations  and 
keep  the  secrets  of  masonry.  It  is  scarcely  necessary  to 
mention  that  every  mason,  by  a  voluntary  oath,  promised 
not  to  reveal  the  secrets  of  the  order,  under  a  no  less  pen- 
alty than  forfeiture  of  his  life. 

William  IMorgan,  a  royal  arch  free  mason,  and  a  printer 
by  trade,  said  to  be  a  native  of  Virginia,  had  taken  up  his 
residence  in  the  village  of  Batavia,  in  the  county  of  Gen- 
esee. Not  having  been  successful  in  business,  he,  it 
would  seem,  with  a  view  to  pecuniar}'  benefit,  had  deter- 
mined to  publish  a  pamphlet  containing  the  secrets  of  ma- 
sonry. His  intention  was  discovered  by  some  of  his  fellow 
m.asons,  who  communicated  it  to  their  brethren  of  the 
craft  in  that  vicinity,  and  it  soon  became  known,  as  ap- 
pears by  subsequent  proceedings,  to  several  of  the  lodges 
in  western  New- York. 

On  the  1 1th  day  of  September,  1828,  I\Ir.  Cheesebrough, 
master  of  a  lodge  of  masons  at  Canandaigua,  in  the  county 
of  Ontario,  procured  from  Jeffrey  Chipman,  a  justice  of 
the  peace  in  Canandaigua,  a  warrant  to  arrest  Morgan,  on 
a  charge  of  stealing  a  shirt  and  cravatj  and  Cheesebrough, 
with  two  or  three  other  masons,  proceeded  with  the  war- 
rant to  Batavia,  where  they  caused  Morgan  to  be  arrested, 
hurried  him  into  a  coach  and  transported  him  to  Canandai- 
gua, where  they  brought  him  before  Justice  Chipman,  who 
forthwith  discharged  him,  he  being  satisfied  that  Morgan 
w^as  not  guilty  of  the  larceny  complained  of  He  was 
then  immediately  arrested  on  a  small  debt  due  to  one 
Aaron  Ashley,  and  which  Cheesebrough  alleged  had  been 
assigned  to  him.  The  justice  rendered  judgment  against 
Morgan   for   two   dollars,  on   which,  upon   the   oath  of 


1827.]  OF  NEW-YORK.  230 

Cheesebrough,  he  instantly  issued  execution,  and  Morgan 
was  committed  to  close  confinement  in  the  jail  at  Canan- 
daigua.  During  the  night  of  the  12th  of  September,  he 
was  clandestinely  taken  from  the  jail  by  a  number  of  ma- 
sons, thrown  into  a  covered  carriage,  gagged,  and  convey- 
ed on  the  evening  of  the  14th,  to  the  Canada  side  of  the 
Niao-ara  river  ;  and  thence  taken  back  to  the  American 
side,  and  left  confined  in  the  magazine  of  Fort  Niagara. 
He  remained  there  until  the  29th  September,  in  charge  of 
Col.  King  of  Niagara  county  and  one  Elisha  Adams,  at 
which  time  he  disappeared  and  has  not  since  been  heard 
of. 

It  is  not  my  intention,  nor  would  it  be  in  accordance 
with  the  plan  of  this  history,  to  enter  further  into  the  de- 
tails of  this  inhuman  outrage.  I  assume,  as  a  historical 
truth,  and  I  regret  that  I  am  compelled  to  do  so,  that 
William  Morgan  was,  with  a  view  of  preventing  the  dis- 
closure of  the  mysteries  of  masonry,  murdered  in  cold 
blood,  by  men  holding  a  respectable  rank  and  standing  in 
society. 

The  effect  which  this  horrible  transaction  had  on  the 
politics  of  this  state,  and  a  sketch  of  the  history  of  the 
political  party  which  grew  out  of  it,  will  be  given  in  an- 
other place.     [See  Chapter  38.] 

At  present  I  will  merely  remark,  that  Gov.  Clinton  was, 
in  1826,  high  priest  of  the  General  Grand  Chapter  of  the 
United  States,  which  was  the  highest  masonic  station  in 
the  United  States;  and  that  this  circumstance  deprived  him 
of  many  votes  in  the  part  of  the  state  where  Morgan  had 
lived,  and  would  have  deprived  him  of  many  more,  had 
it  not  been  well  known,  that  Judge  Rochester  was  also 
a  mason,  though  of  inferior  standing  in  the  masonic  or- 
der.* 

*  During  tlie  excitement  which  succeRded  the  outrage  upon  Morgan,  Gov.  Clinton 
w;iB  charged  not  only  with  having  been  privy  to  but  as  Grand   High  Priest  or  Gran  1 


24a 


POLITICAL    HltiTORV 


[ib:^7. 


The  stroncr  popular  vote  obtained  by  Mr,  Rocliestcr  for 
governor,  was  claimed  as  evidence  of  his  personal  popu- 
larity ;  and  as  the  term  of  service  of  Mr.  Van  Buren  in  the 
senate  of  the  United  States  would  expire  on  the  4th  March, 
1820,  some  of  the  Adams  democrats  began  to  hint,  that 
Judge  Rochester  ought  to  be  elected  as  the  successor  of 
Mr,  Van  Buren,  One  reason  which  induced  these  sugges- 
tions was,  that  all  intelligent  men  by  this  time  knew,  that 
3Jr,  Van  Buren  had  determined,  at  the  approaching  presi- 
dential election,  to  support  Gen,  Jackson,  It  was  reason- 
able to  suspect  that  Judge  Rochester,  as  well  from  per- 
sonal ambition  as  from  feelings  of  resentment,  would  fa- 
vor this  project.  I  have  said  from  feelings  of  resentment, 
because  from  the  conduct  of  some  of  Mr.  Van  Buren' s  con- 
fidential friends  in  Albany,  before  the  nomination  for 
governor,  and  from  the  course  pursued  by  jMaj.  Noah  in 
the  New-York  Enquirer  after  that  nomination.  Mr,  Ro- 
chester may  have  been  suspicious  that  J\Ii-.  Van  Buren  and 
his  confidential  friends  had  not  acted  with  cood  fixith  to- 
wards him  during  the  late  canvass.  If  Judge  Roch!,'Ster  en- 
tertained those  suspicions,  (suspicions  that,  so  far  as  they 
respect  Mr.  Van  Buren  and  his  friends  a-t  Albany,  I  have 
before  expressed  my  convictions  were  wholly  unfounded,) 
he  was,  I  have  no  doubt,  encourag.d  in  them  by  his  neigh- 


>'n.-tfr,  with  having  commandtd  it  to  be  cominittpd  or,  which  is  the  same  thing,  with 
hnviiii;  (iirecu»d  tl)at  the  publication  of  Morgan's  book  should  be  suppressed  by  ony 
means  and  at  "all  hazards."  Even  after  llie  sudden  ainl  lamented  death  of  Mr.  Clin- 
ton, some  individuals  were  base  and  cruci  enough  to  charge  that  his  death  was  caused 
'•>  the  Boadinga  of  a  guilty  conscience. 

Ooi..  Wii.MAM  L.  Ptose,  rn  his  letters  on  anti-Masonry,  addressed  to  John  Qiiincy 
Adams,  in  letter  "iQth,  p.  297,  has  proved  beyond  all  question  the  entire  falsity  of  these 
charges,  and  forever  put  at  riist  these  foul  slanders.  [See  also  appeudii  to  Col.  Stone's 
letters,  note  (J.  and  H.  p.  4  and  5.] 

These  letters  are  written  with  Mr.  Stone's  usual  ability,  and  contain  a  full,  candid 
and  iinjiariial  history  of  this  extraordinary  transaction  and  the  tremendous  excitement 
which  followed  it.  The  book  has  not  had  as  extensive  a  circulation  as  it  merits.  Per- 
hrsps  its  strict  impartiality  may  not  have  suited  the  taste  of  masons  or  anti-masons,  and 
'.n^s  the  very  circumstances  which  gives  value  to  the  work  has  prevented  its  popularity. 


1827.]  OF    NEW-YORK.  241 

bor  and  friend,  Gen.  Porter,  and  probably  by  his  correspon- 
dent, Mr.  Clay. 

A  few  days  after  the  result  of  the  election  was  known, 
Mr.  Rochester  left  home,  (his  residence  was  then  at 
Rochester,)  for  the  congress  at  Panama.  He  arrived  in 
the  city  of  Albany  in  the  evening,  and  at  seven  o'clock 
the  next  morning  took  the  steamboat  for  New-Yotk  ;  and 
during  his  momentary  stay  in  Albany  seemed  anxious  to 
avoid  all  intercourse  and  conversation  with  his  political 
friends,  except  on  the  most  common  topics.  The  friends 
of  Mr.  Van  Buren  were  alarmed.  They  well  knew  if 
the  Clintonian  Adams  men  in  the  legislature  should  join 
the  democratic  Adams  men,  Rochester  would  be  elected 
senator.  They  therefore  lost  no  time  in  sounding  those 
Clintonians  who  were  supposed  to  possess  influence  with 
their  party,  for  the  purpose  of  ascertaining  what  would 
be  the  action  of  the  Clintonians,  if  such  an  emergency 
should  occur.  And  the  result  was  that  the  Clintonians, 
under  no  circumstances,  would  consent  to  support  Roch- 
ester. So  excited  were  the  feelings  of  that  party  against 
Mr,  Rochester,  that  I  have  no  doubt  if  they  had  been 
compelled  to  vote  between  Van  Buren  and  Rochester,  four 
out  of  five  even  of  the  Adams  Clintonians  would  have 
voted  for  Van  Buren.  The  passions  called  foith  by  the 
recent  warmly  contested  election,  still  held  a  controlling 
influence  over  their  judgments  and  induced  this  determi- 
nation. These  assurances  from  the  leading  Clintonians 
quieted  the  apprehensions  of  the  friends  of  Mr.  Van  Buren. 

The  legislature  convened  on  the  2nd  day  of  January. 

The  assembly  did  not  contain  many  members  distin- 
guished as  orators  or  for  parliamentary  talents.  A  large 
proportion  of  them  were  however  intelligent  and  judicious 
men.  If  they  were  not  remarkable  for  oratorical  powers, 
they  had  habits  of  industry  and  a  good  stock  of  useful 
business  talent.     Among  the  most  prominent  men  on  the 

P 


242  POLITICAL     HISTORY  [1827. 

democratic  side,  were  Root,  of  Delaware;  Mosely,  of  On- 
ondaga; Ward  well  and  Bucklin,  of  Jctlerson;  B.  S.  Doty, 
of  St.  Lawrence;  Paige,  of  Schenectady;  Hay,  of  War- 
ren; Cowles,  of  Putnam;  Sherman,  of  New- York,  anrl 
Skinner,  of  Genesee.  On  the  Clintonian  side  were  Bar- 
stow,  of  Tioga;  Stevens,  of  Washington;  Sill,  of  Onon- 
daga; Granger,  of  Ontario;  Fish,  of  Montgomery;  Birds- 
all,  of  Chenango,  and  Mr.  Bryan  of  Cattaraugus,  all  re- 
spectable for  talents  and  intelligence. 

Gen.  Root  was  chosen  speaker.  He  received  seventy- 
four  votes  ;  Francis  Granger  thirty-three,  and  there  were 
seven  scattering  votes.  It  was  with  some  difficulty  that 
a  majority  of  the  party  was  obtained  for  the  nomination 
of  Mr.  Root.  This  difficulty  was  probably  produced  by 
the  Erie  canal  interest  and  its  opposition  to  the  state  road. 
At  the  democratic  caucus  held  on  the  evening  preceding 
the  meeting  of  the  legislature,  "to  nominate  their  officer?, 
sixty-seven  members  of  assembly  answered  to  their  names. 
On  the  first  ballot  for  a  candidate  for  speaker  the  result 
was,  for  David  W.  Bucklin  thirty-three,  Erastus  Root 
thirty-one,  scattering  eight.  No  choice  having  been 
made,  a  second  ballot  was  had,  when  Mr.  Bucklin  receiv- 
ed thirty-five  votes,  Gen.  Root  had  thirty-three,  and  three 
scatterinsr.  On  the  third  ballot,  Gen.  Root  had  thirtv-ninr- 
votes,  Mr.  Bucklin  thirty,  two  scattering,  and  Gen.  Roof 
was  thereupon  declared  to  be  nominated." 

Gen.  Root,  in  addressing  the  assembly,  after  being  con- 
ducted to  the  chair,  among  other  things  said  :  "It  is  usual 
for  the  speaker  to  assure  the  house,  that  he  will  pursue  an 
impartial  course  of  proceeding.  If  by  impartiality  is 
meant  to  throw  aside  the  principles  which  distinguish  the 
party  to  which  I  belong,  it  must  not  be  expected  that  I 
will  be  impartial,  I  was  elected  to  the  legislature  by  a 
political  party,  and  it  would  appear  that  I  am  honored 
with  this  chair,  by  the  same  party.     When  a  committee 


1827.]  OF    NEW-YORK.  243 

Is  to  be  appointed  on  a  question  which  may  involve  party 
considerations,  it  may  be  expected  that  I  shall  appoint  a 
majority  of  that  committee  from  the  party  to  which  I  bo- 
long.  And  on  a  question  of  local  bearing,  involving 
interests  to  any  considerable  extent,  it  cannot  be  expected 
that  I  will  refer  it  to  a  committee  entirely  opposed  to  it  ; 
I  am  not  willing  to  put  a  child  to  nurse  to  be  strangled." 

The  declaration  that  he  intended  to  act  as  a  party 
r.peaker,  was  harsh  and  unusual.  One  high  and  impor- 
tant duty  of  a  presiding  officer  of  a  legislative  body  is  to 
protect  the  minority  and  secure  them  in  the  exercise  of 
■  their  rights.  The  majority  having  in  their  own  hands  the 
power,  will  take  care  of  their  own  rights.  However,  the 
intention  of  Gen.  Root,  as  explained  by  him,  was  in  ac- 
cordance with  the  practice  of  all  presiding  officers,  what- 
ever assurances  they  may  give  of  rigid  impartiality.  The 
last  sentence  I  have  quoted  from  the  address,  was  un- 
doubtedly intended,  by  Mr.  Root,  as  a  rebuke  to  his  pre- 
decessor (Col.  Young)  for  his  conduct  the  preceding  ses- 
sion in  relation  to  the  state  road. 

The  governor  in  his  message  congratulated  the  legisla- 
ture on  the  adoption  by  the  people  of  the  amendments  to 
the  constitution  removing  all  restrictions  to  the  right  of 
voting,  except  only  citizenship  and  a  residence  of  six 
months,  and  directing  that  justices  of  the  peace  should  be 
elected  by  the  people  of  the  respective  towns.  After 
what  I  have  said  when  speaking  of  the  proceedings  of 
the  convention  of  1821,  I  now  only  add,  that  this  latter 
aiTiendment  completed  the  independence  of  the  great  mass 
of  electors,  and  effectually  relieved  them  from  the  tyrani- 
cal  control  over  public  opinion  by  the  central  power. 
From  the  moment  this  amendment  was  adopted,  elections 
have  been  free  in  the  state  of  New-York. 

The  governor  spoke  in  terms  of  well  founded  exulta- 
tion of  the  successful  operation  of  the  canals.     He  in- 


244  POLITICAL    HISTORY.  [1827. 

formed  the  legislature  that  the  balance  of  debt  due  from 
the  state  for  the  construction  of  the  canals,  was  seven 
million  nine  hundred  and  forty-four  thousand  seven  hun- 
dred and  seventy  dollars  and  ninety  cents;  that  the  income 
arising  from  them  the  last  year  was  seven  hundred  and 
seventy-one  thousand  seven  hundred  and  eighty  dollars 
and  ten  cents  ;  and  that  the  income  arising  from  other 
funds  which  had  been  assigned  for  the  payment  of  the 
canal  debt,  when  added  to  the  income  from  the  tolls, 
would  swell  the  amount  to  more  than  one  million  dollars. 
How  splendid  were  then  the  financial  prospects  of  the 
state ! 

On  the  subject  of  the  payment  of  the  canal  debt,  Mr. 
Clinton  remarks — "  This  state  has  derived  great  reputa- 
tion from  its  enterprise  in  undertaking,  and  its  perseve- 
rance in  executing,  a  work  of  immense  benefit,  and  it 
ought  to  set  another  example  of  the  extinguishment  of  a 
great  public  debt.  This  precedent  will  be  more  beneficial 
in  itself,  and  more  animating  in  all  its  aspects  and  conse- 
quences, than  any  fugitive  or  even  permanent  advantages 
that  can  emanate  from  another  course."  While  I  cordially 
concur  in  the  wisdom  and  propriety  of  this  suggestion,  J 
cannot  but  feel  surprise  and  regret  to  perceive  that  in  this 
same  message  the  governor  either  directly  or  indirectly 
recommended  a  variety  of  new  and  expensive  improve- 
ments, by  roads  and  canals,  which,  if  the  legislature  had 
adopted  them,  would,  instead  of  leading  to  the  extinguish- 
ment of  the  public  debt,  as  he  urges  in  the  passage  above 
quoted,  have  added  many  millions  to  that  debt. 

The  year  1826  had  been  a  year  of  great  pecuniary 
embarrassment,  and  the  governor  imputes  that  distress  to 
the  extensive  issues  and  sudden  contraction  of  the  banks. 
This  evil  arising  from  improvident  issues  of  bank  paper, 
was  not  then  so  generally  nor  so  well  understood  as  at 
present ;  and  I  allude  to  the  suggestion  in  Mr.  Clinton's 


1827.]  OF    NEW^ORK.  245 

message,  as  another  evidence  of  his  sagacity  in  discerning 
early  the  sources  from  which  public  calamities  might  be 
apprehended,  and  his  promptness  in  warning  the  constitu- 
ted authorities  to  obviate,  as  far  as  they  had  the  power  of 
obviatinfic,  the  causes  of  those  calamities. 

The  governor  again  recommended  the  making  of  a  state 
road  from  Hudson's  river  to  Lake  Erie. 

Gen.  McClure,  chairman  of  the  state  road  committee, 
early  in  the  session  (12th  January,)  reported  a  bill  for 
making  the  road  upon  the  plan  recommended  by  the  late 
commissioners.  The  debate  on  the  subject  was  opened 
on  the  19th,  with  some  asperity  on  both  sides.  Col. 
Young  had  lately  published  a  pamphlet  on  political  econ- 
omy, in  which  some  allusion  was  made  to  the  state  road 
project.  Mr.  McClure  charged  him  with  making  this  pub- 
lication with  a  view  to  influence  the  legislature  when  act- 
ing on  this  question,  and  with  avaiUng  himself  of  the  la- 
Dors  of  professor  McVickar,  witbouJigiving  credit  to  the 
"eal  author.  He  was  answered  by  Mr.  Mann,  of  Scho- 
harie, who  repelled  the  imputa1|fens'  against  Col,  Young 
with  great  spirit  and  ardor.  Mr.  Granger  also  again  as- 
sailed the  state  road  project  with  great  spirit,  address  and 
zeal.  The  subject  was  from  time  to  time  discussed  till 
the  13lh  of  February,  when,  on  a  motion  in  committee  of 
the  whole  to  strike  out  the  first  section  of  the  bill,  it  was 
carried  by  a  vote  of  fifty-five  to  forty-five.  This  report 
was  sustained  in  the  house,  sixty-four  to  forty-eight.  By 
a  reference  to  the  names  of  the  sixty-four  who  voted  for 
the  rejection  of  the  bill,  it  will  be  found  that  fifty-five  of 
them  were  from  counties  situate  in  the  canal  valleys. 

On  the  20th  February,  Mr.  Abraham  Keyser  was  re- 
elected treasurer. 

In  the  latter  part  of  January,  a  movement  was  made  by 
some  Clintonian-Adams  members  of  the  legislature  to 
effect  the  election,  to  the  senate  of  the  United  States,  of  a 


246  POLITICAL    HISTORY  [1827. 

friend  to  the  national  administration.  In  this  they  hoped 
to  be  joined  by  the  democratic  Adams  men  in  the  legisla- 
ture. Accordingly,  a  caucus  was  called  of  all  the  fricncis 
of  the  national  administration  on  the  evening  of  the  26th, 
but  the  meeting  was  attended  by  only  two  democratic 
members.  There  were  undoubtedly  a  considerable  num- 
ber of  democratic  Adams  men  in  the  two  houses  of  the 
legislature,  but  they  were  extremely  unwilling  to  come  to 
an  open  breach  with  their  party;  and  in  behalf  of  Mr. 
Van  Buren,  his  friends  urged  his  superior  capacity  for 
usefulness,  founded  on  his  experience  as  a  national  legisla- 
tor, and  on  his  admitted  superiority  of  talents  ;  besides  it 
was  urged,  that  J\Ir.  Van  Buren  was  not  committed  (and 
it  was  true  he  was  not  publicly  committed)  for  or  against 
either  of  the  presidential  candidates. 

At  the  Clintonian  caucus,  held  on  the  26th,  Stephen 
Van  Rensselaer,  1  presume  without  his  knowledge,  w-as 
nominated  as  the  Adams  candidate  for  senator  of  the  United 
States.  But  on  the  6th  of  February,  Mr.  Van  Buren  was  re- 
elected by  a  large  majority  in  both  houses.  In  the  senate, 
Messrs.  Golden,  Bogardus  and  Viele*  and  in  the  assembly 
Messrs.  Birdsall  and  Bryant,  all  Clintonians,  voted  for 
him.  This  was  the  first  public  demonstration  which  the 
Clintonian  Jackson  men  had  afforded  of  their  determina- 
tion to  support  Van  Buren. 

The  reply  of  Mr.  Van  Buren  to  the  notice  given  him 
by  order  of  the  two  houses  of  his  re-election,  is  not  a  little 
curious.     It  was  in  the  following  words  : 

"  Washington,  Feb.  18,  1827. 

"  Sir  :  I  have  received  the  resolution  of  the  senate  ap- 
pointing me  a  senator  to  represent  the  state  in  the  senate 
of  the  congress  of  the  United  States,  after  the  third  of 
March  next,  and  have  to  ask  permission  to  communicate 
to  the  senate,  through  you,  my  acceptance  of  the  office. 


*  Sec  iioie  D 


1827.]  OF  NEW-YORK.  247 

"  Relying  on  the  indulgence  of  the  senate,  and  in  jus- 
tice to  my  own  feelings,  I  avail  ujyself  of  tlie  o[)portunily 
thus  presented,  to  say  tl)at,  having  considered  my  first 
appointment  as  an  evidence  of  confidence  and  liberality  to 
which  my  public  services  could  have  given  me  no  preten- 
sion, I  cannot  but  regard  my  re-ajipointment,  under  exist- 
ing circumstances,  and  with  such  gratifying  unanimity,  as 
an  act  of  favor,  demanding  the  expression  of  my  utmost 
gratitude.  1  do  assure  the  senate,  that  I  am  deeply  sensible 
of  the  honor  which  has  been  conferred  upon  me  :  And  to 
justify  their  confidence,  it  shall  be  my  constant  and  zeal- 
ous endeavor  to  protect  the  remaining  rights  reserved  to 
the  states  by  the  federal  constitution  ;  to  restore  those  of 
which  they  have  hern  divested  hy  construction ;  and  to 
promote  the  interests  and  honor  of  our  comjnon  country. 
"  With  great  respect, 

"  Your  obedient  servant, 

"M.  V.  BUREN. 

"Hon.  Nathaniel  Pitcher, 

"  President  of  the  senate  of  the  state  of  New-York." 

At  the  time  this  letter  was  written,  one  might  well  have 
inquired  of  Mr.  Van  Buren  of  what  "rights"  the  states 
had  "  been  divested  ]  "  When  and  by  whom  1  Certainly 
not  by  Mr.  Adams  or  his  administration,  for  at  that  time, 
if  I  recollect  rightly,  no  important  measure  had  been 
adopted  which  had  not  been  supported  or  at  any  rate  re- 
ceived the  assent  of  Mr.  Van  Burcn.  The  appointment 
of  envoys  to  represent  the  United  States  in  the  Panama 
congress  by  the  president  without  first  obtaining  the  con- 
sent of  the  national  legislature,  and  the  powers  with  which 
Mr.  Adams  proposed  that  our  representative  in  the  Ame- 
rican convention  should  be  clothed,  had  been  successfully 
resisted  b)'  Mr.  Van  Buren  and  his  friends  in  the  senate 
of  the  United  States.     Mr.  Adams  therefore,  whatever  he 


248  POLITICAL     HISTORY  [1837. 

■may  have  attempted,  had  not,  in  respect  to  that  measure. 
'■'divested'''  the  states  of  any  rights.  If  the  national 
government  had,  '■•by  construction  dicsied'^  the  states  of 
any  rights,  it  must  have  been  by  chartering  an  United 
States  Bank,  and  by  other  acts  done  during  the  adminis- 
tration of  jNIr.  Madison  and  Mj-.  Monroe,  but  ol'  both 
these  administrations  Mr,  Van  Buren  had  been  an  ardent 
supporter,  and  at  tlie  moment  he  wrote  the  letter  in  ques- 
tion, claimed  the  confidence  of  his  political  friends  be- 
cause he  had  yielded  such  support.  The  truth  is-  that  this 
assurance  that  he  would  endeavor  to  restore  lost  state 
rights  was  thrown  out  as  a  kind  of  manifesto  of  the 
grounds  of  the  war  w-hich  he  iiitended  to  wage  against  the 
administration  of  Mr.  Adams. 

That  ther^i  is  danger  that  the  general  government,  by 
means  of  its  vast  amount  of  patronage,  its  mighty  re- 
sources and  the  personal  weight  of  character  and  talent 
of  those  who  administer  it,  may  encroach  on  the  constitu- 
tional rights  and  indej)endence  of  the  states,  I  thuik  every 
reflecting  man  will  adinit  without  hesitation  ;  while  on  the 
other  hand  it  is  obvious  that  the  state  governments  will 
naturally  possess  the  confidence  and  support  of  the  peo- 
ple, they  being  more  immediately  created  by  the  people. 
The  slates  too  individually  possess  the  great  mass  of  ju- 
dicial power  which  has  been  delegated  by  the  people — 
each  state  also  has  a  treasury  and  controls  its  militia.  The 
power  of  administering  justice  between  man  and  man,  in 
nearly  all  cases,  is  vested  in  the  state  authorities.  To  our 
own  state  we  look  for,  and  in  our  ow'u  state  we  find,  pro- 
tection of  our  property,  our  reputation  and  our  lives. 
Each  state  therefore  not  only  controls  a  j)urs(!  and  a  sword 
which  are  properly  its  own,  but  it  has  a  perfect  and  an  or- 
ganized government  at  all  times  prepared  to  nisist  en- 
croachments and  violations  of  its  rights  by  any  other 
power,  and  it  may  be  to  legalize  faction.     While  therefore 


1827.]  OF    NEW-YORK.  249 

!t  is  admitted,  on  the  one  liand,  that  the  tendency  of  the 
central  or  general  government  is  to  accumulate  power  by  a 
gradual  usurpation  of  those  powers  which  constitutionally 
belong  to  the  states;  on  the  other,  it  isevidcnt  that  the  pro- 
pensity of  the  state  politicians  will  be  to  increase  the  power 
of  the  individual  states  at  the  expense  of  the  legitimate  au- 
thority of  the  central  government.  A  vigilant  guard  against 
encroachments  by  either  of  the  pai"tics  to  this  singular  and 
anomalous  compact  may,  like  the  centripetal  and  centrifu- 
gal motion  of  the  heavenly  bodies,  tend  to  preserve  and 
perpetuate  the  harmonious  motion  of  our  complicated  po- 
litical machinery.  But  I  am  digressing  from  the  path  I 
had  marked  out  for  myself  to  pursue  ;  and  yet  I  must  be 
excused  for  adding  one  other  remark,  or  rather  of  laying 
down  a  single  proposition,  without  troubling  the  reader 
with  the  reasons  on  which  it  is  founded.     It  is  this  : 

If  there  be  a  defect  in  our  national  government,  that 
defect  is,  that  by  means  of  its  patronage,  it  is  too  strong 
in  time  of  peace,  and  in  time  of  war  its  powers  arc  too 
feeble.  If  any  man  doubts  the  weakness  of  the  govern- 
ment during  war,  let  him  look  at  its  condition  and  tho 
attitude  assumed  by  the  single  state  of  Massachusetts  dur- 
ing the  last  year  of  the  last  war  with  England. 

Applications  in  the  early  part  of  the  session  were  pre- 
sented to  the  legislature,  urging  that  the  Genesee  Valley, 
Crooked  lake.  Black  river  and  Chenango  canals  should 
be  constructed  by  the  state.  The  inhabitants  of  the  coun- 
ties of  Broome,  Chenango,  and  Madison,  had  some  time 
previously  projected  a  canal  from  Binghamton,  through 
the  centre  of  those  counties,  which  should  intersect  the 
Erie  canal  at  Utica,  and  had  made  one  or  two  unsuccess- 
ful efforts  to  induce  the  legislature  to  favor  their  views. 
At  the  last  election,  the  selection  of  candidates  in  those 
counties  had  been  made  with  reference  to  the  accomplish- 
ment of  that   favorite    object.     Although  the  county  of 


250  POLITICAL    HISTORY.  [1827. 

Chenango  was  a  strong  anti-Clintonian  county,  their  local 
interest  so  far  got  the  better  of  their  political  principles, 
that  they  elected  Mr.  James  Bird.sall,  an  active,  inlluential, 
and  zealous  C^lintonian,  for  one  of  their  candidates,  be- 
cause he  was  known  to  be  a  man  of  great  perseverance. 
address  and  talent,  in  pushing  ineasun.'s  of  a  doubtful  cha- 
ractrr  thi'ough  the  legislative  assemblies.  The  termina- 
tion of  the  pro])Osed  canal  at  Utica  created  a  very  strong 
interest  in  that  city  and  in  the  county  of  Oneida  in  favor 
of  th-:;  project.  For  these  and  other  reasons  it  was 
thought  best,  by  the  applicants  for  other  lateral  canals,  to 
make  the  bill  for  constructing  the  Chenango  canal  a  pio- 
neer bill.  My  own  views  on  the  subject  of  these  applica- 
tions then  were,  and  now  are,  that  it  was  unwise  in  the 
legislature  to  authonze  these  improvcinents  at  the  expense 
and  risk  of  the  state.  The  great  Erie  and  ('hamplain 
canals  were  comj)leted.  The  whole  debt  of  the  state  for 
those  magnificent  works  was  less  than  eight  millions  of 
d(jllars.  It  was  then  believed,  what  subsequent  experi- 
ence proved  true,  that  in  a  very  few  years  that  debt  would 
be  extinguished ;  an-d  that  the  state  would  be  left  in  pos- 
session of  a  sure  and  certain  annual  income  over  and  above 
all  expenditures  for  repairs,  &c.,  of  more  than  a  million 
of  dollars.  The  state  ought,  it  appears  to  me,  then  to 
have  suspended  all  further  expenditures  for  internal  im- 
provements until  this  period  should  have  arrived,  and  then 
to  have  expended  in  making  lateral  canals,  and  in  repair- 
ing, and  perhaps  doubling  the  locks  of  the  Eric  canal,  all 
the  surplus  revenue.  These  improvements,  if  judiciously 
made,  would  have  added  yearly  to  the  nett  income  of  the 
state,  eventually  the  reasonable  expectations  of  the  citi- 
zens of  every  section  of  the  state  would  have  been  satis- 
fied, and  the  financial  condition  of  New- York  would  have 
been  better  than  that  of  any  other  community  on  the  globe. 
No  debt  should  have  been  contracted  except  upon  great 


1827.]  OF  NKW-YortK.  2r)l 

emergencies,  and  for  small  amounts,  payable  at  a  short 
day.  In  a  case  where  a  clear  and  pal[)able  advantage 
would  accrue,  the  state  income  might,  perhaps,  with  pro- 
priety have  been  anticipated  for  one,  two,  or  three  years. 
When  the  income  of  a  farmer  exceeds  his  expenses,  it 
may  be  well  for  him  to  invest  the  surplus  in  more  lands  ; 
but  what  discreet  farmer  will  mortgage  property  he  has 
already  paid  for,  for  the  purpose  of  borrowing  money  to  in- 
vest in  the  purchase  of  more  lands'?  A  man  of  ordinary 
capacity  cannot  fail  to  perceive  that  such  a  course  would  be 
imprudent  in  an  individual,  even  if  the  rents  of  his  new  {)ur- 
chased  lands  would  pay  the  interest  of  the  purchase  money. 
How  palpably  absurd,  then,  would  be  the  conduct  of  an 
,  individual  who  should  borrow  money  to  pay  for  an  addition- 
al farm,  when  it  was  ascertained  that  the  rent  of  the  new, 
so  far  from  paying  the  interest,  would  n£)t  even  pay  for  nian- 
aging  it  and  keeping  it  in  repair?  The  last  supposed  case 
was  precisely  in  principle  the  case  of  the  Chenango  canal  ; 
and  yet  Mr.  Granger  and  Mr.  Sill,  and  many  others  who 
wore  so  extremely  alarmed  for  the  credit  of  the  state  when 
the  state  road  improvement  was  proposed,  put  in  requisi- 
tion all  thsir  em^rgies  in  behalf  of  the  applicati'On  for  the 
Chenango  canal.  Mr.  Granger,  in  particular,  with  skill 
and  address,  sustained  the  measure.  He  had  dismounted 
those  who  attempted  to  convert  the  state  road  into  a  hob- 
by, while  he  himself  dexterously  bestrided  th-e  Chenango 
canal  hobby,  1  hope  it  is  not  uncharitable  to  say,  as  o-ne 
means  of  riding  into  power.  Tl>e  financial  officer  of  tb>3 
state  (Comptroller  Marcy)  was  opposed  to  the  measure, 
and  a  majority  of  the  canal  board,  of  which  Col.  Young 
was  an  efficient  and  active  member,  concurred  with  him  in 
opinion.  A  majority  of  the  democratic  members  of  the 
legislature  were  also  opposed  to  the  project.  But  Mr. 
Granger,  notwithstanding  this  formidable  opposition,  and 
with  the  merits  of  the  case,  as  I  humbly  conceive,  against 


252  POLITICAL    HISTORY  [1827. 

him,  succeeded  in  carrying  the  bill  through  the  assembly  by 
a  j-oto  of  sixty  to  fifty-one.  The  senate,  however,  had  the 
wisdom  and  firmness  to  resist  the  passage  of  the  bill,  and 
it  was  lost  in  that  house  by  a  vote  of  fourteen  to  ten. 

On  the  17th  of  April,  the  legislature  adjourned  to  the 
second  Tuesday  of  September.  The  object  of  this  con- 
templated extra  session  was  to  take  into  consideration  and 
pass  upon  the  Revised  Statutes,  or  such  of  them  as  should 
then  be  reported  by  the  revisers. 

The  revisers,  it  will  be  recollected,  were  appointed  in 
1824,  but  the  progress  they  had  made  in  the  work  of  re- 
vision had  been  extremely  slow.  Gen.  Root  had,  for  a 
consideration  of,  I  believe,  one  thousand  dollars,  paid  to 
him  for  his  past  services,  resigned  as  one  of  the  revisers, 
and  INIr.  Henry  Whcaton  had  been  appointed  in  his  place; 
but  yir.  Wheaton  ftad  been  appointed  by  the  President 
charge  (I  affaires  at  an  European  court,  and  had  also  re- 
signed. The  appointment  of  a  successor  devolved  on  the 
governor,  and  he  selected  John  C.  Spexcek.  The  board 
of  revisers  now  consisted  of  John  Duer,  Benjamin  F. 
Butler,  and  John  G.  Spencer,  all  able  and  learned  lawyers. 

IVever  was  a  political  party  in  abetter  state  of  discipline 
than  was  the  Van  Buren  or  democratic  party  in  New- 
York  during  the  years  1826,  '27,  and  28.  A  sense  of 
common  danger,  which  was  entertained  by  the  leaders  of 
that  party,  probably  had  a  great  effect  in  inducing  them 
to  act  in  concert.  A  large  majority  of  the  party  were  op- 
posed both  to  Mr.  Adams  and  Mr.  Glinton.  They  had  no 
confidence  either  in  the  state  or  national  executive.  They 
wished  to  change  both  ;  but  in  order  to  effect  that  change, 
it  was  necessary  so  to  conduct  their  political  operations 
as  to  draw  into  their  support  a  considerable  portion  of  the 
friends  of  the  governor,  and  especially  of  the  democratic 
friends  of  Mr.  Adams.  I  hazard  little,  with  those  who 
were  at  that  day  in  active  life,  and  knew  the  state  of  pub- 


1827.]  OF    NEW-YORK.  253 

lie  feeling,  in  asserting,  that  had  the  question  been  taken 
between  Mr.  Adams  and  Gen.  Jackson  at  any  time  during 
the  first  two  years  of  the  presidency  of  the  former,  a  very 
large  majoi'ity  of  the  people  would  have  declared  for  Mr. 
Adams.  Hence  Mr.  Van  Buren  and  his  friends  enjoined 
most  rigidly  on  all  their  adherents  not  to  commit  them- 
selves on  the  presidential  question.  They  averred  that 
their  sole  object  was  to  preserve  the  entire  union  of  the 
democratic  party,  and  that  when  that  party  at  the  proper 
time  should  announce  its  preference  for  either  of  the  pres- 
idential candidates,  they  would  in  good  faith  endeavor  to 
carry  kito  effect  its  determination.  The  democratic  news- 
papers (and  especially  the  Albany  Argus,)  were  conducted 
with  great  skill  and  address  in  accordance  with  this 
scheme.  So  rigidly  were  these  injunctions  of  what  has 
been  called  the  Albany  regency  enforced,  that  several  in- 
dividuals, fascinated  with  the  personal  character  of  Gen. 
Jackson,  who  openly  declared  their  preference  for  him, 
were  at  least  silently  rebuked  and  partially  put  m  political 
Coventry  by  the  same  class  of  men  who  had  themselves  at 
that  time  fully  determined  that  Gen.  Jackson  was  to  be 
their  candidate.  These  sagacious  politicians  foresaw  that 
if  at  that  early  day  the  general  was  proclaimed  as  the 
democratic  candidate,  so  formidable  would  the  opposition 
then  be,  that  all  expectations  of  success,  (and  the  expect- 
ation of  success  many  times  secure  it,)  would  be  annihi- 
lated. Therefore  it  was,  that  the  regency  preached  and 
practiced  the  doctrine  of  non-committalism. 

After  the  re-election  of  Mr,  Van  Buren  to  the  United 
States  senate,  more  freedom  was  tolerated  in  the  expression 
of  opinions  favorable  to  Jackson  and  adverse  to  Adauis. 
The  latter  gentleman  was  represented  as  strongly  inclined 
to  add  to  the  power  and  dignity  of  the  general  govern- 
ment by  a  too  liberal  construction  of  the  constitution. 
He  himself  was  represented  as  cold,  heartless  and  repul- 


254  POLITICAL    HISTORY  [1827, 

sive  in  his  manners.  He  was  made  to  be,  and  I  believe 
in  fact,  continues  to  be,  personally  unpopular.  On  the 
other  hand.  General  Jaekson,  independent  of  his  military 
fame,  was  said  to  possess,  and  did  in  fact  possess,  many 
points  in  his  character  extremely  agreeable  to  the  mass  of 
men.  His  decision  of  character,  his  apparent  frankness, 
and  the  cordial  manner  with  which  he  addressed  all  orders 
of  men,  <xave  him  an  ascendancy  over  the  hearts  of  those 
with  whom  he  came  in  contact.  But  that  trait  in  his 
character  which  created  a  sort  of  enthusiastic  admiration 
was  his  chivalric  personal  bravery,  admitted  to  be  unrival- 
led by  enemies  as  well  as  friends.  When  to  this  trait  was 
added  his  distinguished  military  services,  which  were 
crowned  by  his  triumphant  and  splendid  victory  at  New- 
Orleans,  it  is  not  surprising  that,  independent  of  all  party 
organization  and  interest,  he  should  have  possessed  a  po- 
litical capital  which  was  exclusively  his  own.  Notwith- 
standing the  interest  of  our  people  is  decidedly  in  favoi 
of  peace,  and  the  genius  and  general  theory  of  our 
government  is  pacific,  1  do  not  believe  there  is  a  nation 
on  the  globe,  not  excepting  even  the  enthusiastic  French, 
so  liable  to  be  fascinated  by  military  glory  as  the  people 
of  the  United  States.  In  vain  might  you  represent  Mr. 
Adams  as  an  accomplished  and  able  writer,  aleai'ned  con- 
stitutional lawyer,  an  experienced  diplomatist  and  a  pro- 
found statesman  ;  and,  at  the  same  time,  deny  that  Gen. 
Jackson  possessed  these  high  and  essential  qualifications, 
you  would  be  answered  that  Gen.  Jackson  was  an  honest 
patriot  of  great  decision  of  character,  of  sound  mind, 
who  had  perilled  his  life  for  his  country,  and  gallantly  de- 
feated the  British  legions  at  New-Orleans.  This  last 
.'illegal ion  in  favor  of  the  general  was  decisive. 

Another  circumstance  which  contributed  to  strengthen 
the  Jackson  party  in  New-York  was,  that  at  the  com- 
mencement of  the  administration  of  Mr.  Munroe,  General 


1827.]  OP  NEW-YORK.  /    255 

Jackson  had  written  to  him  a  letter  in  which  he  expressed 
an  opinion,  that  inasmuch  as  the  points  of  difference  between 
the  federal  and  republican  parties  had  ceased  to  exist,  the 
period  had  arrived  when  the  national  appointing  power 
might  select  its  officers  from  that  class  of  citizens  person- 
ally the  most  deserving,  and  who  were  best  calculated  to 
discharge  their  official  duties  for  the  public  benefit. 

This  sentiment  was  extremely  agreeable  to  the  federal- 
ists of  this  state,  and  highly  lauded  by  them.  From  the  year 
1801  down  to  the  present  time,  with  the  exception  of 
some  insignificant  appointments  made  by  Mr.  Monroe 
and  Mr;  Adams,  the  federalists,  as  a  party,  had  been,  by 
the  national  executive,  excluded  from  participation  in  the 
national  patronage.  Many  federalists,  judging  from  the 
sentiments  contained  in  General  Jackson's  letter  to  Mr. 
Monroe,  entertained  an  opinion  that  if  the  former  could 
be  placed  at  the  head  of  the  general  government,  this  sys- 
tem, which  they  denominated  proscription,  would  be  abol- 
ished. Hence  such  eminent  federalists  as  Chancellor 
Jones,  Thomas  J.  Oakley,  and  many  others,  early  declared 
in  his  favor.*  This  circumstance,  one  would  think, 
would  have  alarmed,  at  least  the  rank  and  file  men,  of  the 
democratic  party  ;  but  it  did  not.  They  saw,  or  thought 
they  saw,  that  the  administration  of  Mr.  Adams  was  grad- 
ually coming  into  the  track  of  ancient  federalism  ;  they 
perceived  that  a  large  majority  of  their  federal  neighbors 
were  zealous  supporters  of  Mr.  Adams.  Although  Mr. 
Adams  made  no  removals,  (for  which  cause,  by  the  bye, 
he  lost  many  friends,)  they  learned  that  he  now  and  then 
appointed  federalists  to  office,  and  they  M'ere  assured  that 
Mr.  Van  Buren,  and  most  of  their  long-tried,  faithful 
democratic  leaders  did  not  regard  Mr.  Adams  as  a  repub- 

*  At  any  rate,  the  advice  given  by  Gen.  Jackson  to  Mr.  Monroe,  furnished  these 
<liBtinguished  federalists  with  a  plausible  excuse  for  joining  what  they  had  reason  W 
oelieve  would  be  the  strongest  party. 


256 


POLITICAL    HISTORY 


[1827. 


lican,  but  had  full  coiifKlcnco  in  Gen.  .fackson.  Thoy 
were  toki  too.  that  the  democratic  party  in  the  nation  was 
in  favor  of  .Tackson.  Hence  the  fact  that  a  few  federal- 
ists had  declared  their  opposition  to  Mr.  Adams  did  not 
excite  the  jealousy  of  the  democrats,  and,  indeed,  made 
little  impression  on  them. 

Some  movements  were  made  in  Virginia,  Ohio,  and  at 
Butialo  and  at  two  or  throe  other  places  in  the  state  of  New- 
York,  1o  bring  forward  Mr.  Clinton  as  a  candidate  for  the 
presidency  ;  but  there  is  no  evidence  that  any  of  those 
movements  were  made  by  his  consent,  or  with  his  appro- 
bation. From  the  year  1824,  down  to  the  time,  of  his 
death,  Mr.  Clinton  declared  openly  and  frankly,  his  pre- 
ference of  Gen.  .Tackson,  and  his  determination  to  support 
his  election  :  and  in  the  latter  part  of  the  summer  of  1827, 
I  recollect  an  article  appeared  in  the  Evening  Post,  pur- 
porting to  be  authorized  by  a  confidential  friend  of  Gov. 
Clinton,  stating  substantially,  that  all  etibrts  to  support 
hii^i  as  a  candidate  for  the  next  presidency  wei'e  wholly 
unauthorized  by  him,  and  against  his  wishes.  This  an- 
nouncement was  never  contradicted  by  Mr.  Clinton. 

The  manufacturers,  particularly  of  woolen  cloths,  in 
the  eastern  and  middle  slates,  at  this  period,  became  clam- 
orous for  more  etfectual  protection  against  foreign  com- 
petition, and  for  the  purpose  of  inducing  congress  to  act 
effectually  on  the  subject,  conventions  were  held  in  most 
of  the  grain  growing  states,  which  resulted  in  a  general 
convention  of  the  friends  of  a  protective  tariff',  at  Ilarris- 
burgh,  in  Pennsylvania,  on  the  30th  day  of  July.  On 
the  17ih  of  July,  a  state  convention  was  held  at  Albany 
attended  by  delegates  from  several  of  the  counties  in  t!ie 
state.  The  county  of  Albany  was  represented  by  Am- 
brose Spencer,  Benjamin  Knower  and  others.  New- York 
by  Isaac  Pierson,  Peter  Sharp  and  others.  Genesee  by 
Ethan  B,  Allen  and  David  E.  Evans.     Saratoga  by  Samu- 


1827.]  OF    NEW-YORK.  257 

ei  Young  and  others.  Columbia  by  Jacob  Rutscn  Van 
Rensselaer,  Elisha  Williams,  James  Vanderpoel  and  others, 
&c.,  &c.  This  convention  asserted  unequivocally  the  pow- 
er and  duty  of  congress  to  pass  laws  tor  the  protection  of 
home  manufactories  and  to  encourage  wool  growing. 
Among  the  resolutions  adopted  were  the  following  : 

"  Resolved,  That  the  laws  of  congress  have,  from  the 
first,  assumed  the  principle  that  revenue  is  so  to  be  levied 
as  shall  most  encourage  or  least  impede  the  various 
branches  of  commerce  and  of  internal  industry  ;  that  this 
principle  may  be,  and  ought  to  be,  carried  out  to  a  more 
full  and  extended  application  ;  and  that  to  enact  laws  in 
disregard  of  these  interests,  would  be  an  undue  'exercise 
of  power. 

"  Resolved,  That  the  laws  of  the  United  States  which  have 
tended  to  protect  our  interests  of  navigation,  manufactures 
and  planting,  against  the  exclusions,  monopolies,  regula- 
tions and  bounties  of  other  nations,  have  been  the  main 
source  of  whatever  prosperity  this  country  has  enjoyed. 

'■^Resolved,  That  inasmuch  as  the  staple  agricultural 
products  of  the  south,  to  wit,  cotton,  tobacco  and  rice,  are 
admitted  into  the  ports  of  Europe  without  competition  in 
their  production,  in  that  part  of  the  world  ;  and  while  both 
competition  and  prohibitory  laws  operate  to  exclude  from 
a  European  market  the  breadstuff's,  provisions  and  manu- 
factures of  the  northern,  middle,  and  western  states,  we 
deem  it  unkind  in  our  southern  brethren  to  oppose  the  pas- 
sage of  laws  which  are  calculated  to  create  a  home  market 
for  our  agricultural  productions,  and  to  promote  our  na- 
tional wealth  and  prosperity.''* 

These  and  several  other  strong  resolutions  of  the  same 
tenor  and  effect,  were  passed  unanimously  by  the  conven- 
tion, and  Col.  Young,  Alvan  Stewart  of  Otsego,  and  sev- 

*Mr,  Vanderpoel  spoke  against  these  resolutions. 

Q 


*258  POLITICAL    HISTORY  [1827. 

crnl  others,  were  appointed  delegates  to  the  Harrisburgh 
convention.  Col.  Young  and  Mr.  Van  Rensselaer  made 
able  speeches  in  favor  of"  the  protective  system  and  of  the 
resolutions.  I  allude  to  the  proceedings  of  this  conven- 
tion, and  give  the  names  of  the  delegates,  for  the  purpose 
of  proving  that  at  that  time  both  the  Jackson  and  Adams 
parties  were  in  favor  of  high  protective  duties. 

Upon  the  near  approach  of  the  general  election,  in  No- 
vember, tlie  Albany  regency,  it  would  seem,  deemed  that 
the  period  had  arrived  when  it  became  necessary  to  make 
a  development  of  the  views  of  the  democratic  party  in 
respect  to  the  next  candidate  for  the  presidency.  The 
first  official  annunciation  (if  I  may  be  permitted  so  to  call 
it.)  on  this  subject,  was  made  by  the  "genera!  republican 
committee"  of  the  city  of  New-York,  at  Tammany  Hall, 
on  the  26th  of  September.  Of  this  committee,  Benjamin 
Bailey  was  chairman,  and  William  S.  Coe  secretary.  The 
following  are  the  resolutions  which  were  published  by  the 
committee  : 

^^  Resolved,  That  we  view  with  undisguised  satisfaction, 
the  marked  preference  which  our  republican  fillow-citi- 
zens  have  manifested  for  the  election  of  General  Andrew 
Jackson,  as  president  of  these  United  States  ;  and  that  we 
repose  full  confidence  in  his  worth,  integrity,  and  patriot- 
ism. 

^'Resolved,  That  it  be  recommended  to  our  republican 
fellow  citizens,  in  addition  to  the  notice  of  meeting  in 
their  respective  wards,  that  they  elect  such  citizens  only,  to 
represent  them  in  their  different  committees,  as  are  favor- 
able to  the  man  whom  the  American  people  delight  to 
honor ;  and  who,  in  the  language  of  the  immortal  Jciler- 
son,  "has  filled  the  measure  of  his  country's  glory." 

But  against  these  resolutions,  and  indeed  against  the 
whole  of  the  proceedings,  James  Fairlie,  Peter  Sharpe, 
Henry  Meigs,  and  nine  other  respectable  members  of  the 


1827.  J 


OF    NEAV-YORK. 


259 


general  committee,  protested,  as   "unauthorised,   violent, 
and  unprecedented,"  and  published  their  protest. 

The  cautious  editor  of  the  Albany  Argus  even  yet  spoke 
of  the  presidential  candidate  with  great  reserve  ;  but  not 
long  after  the  publication  of  the  resolutions  of  the  New- 
York  general  committee,  and  very  shortly  before  the  elec- 
tion, he  came  out  explicitly  and  decidedly  for  Jackson, 
and  recommended  that  the  election  should  be  conducted 
with  express  reference  to  that  question.  His  lead  was  fol- 
lowed by  nearly  all  the  democratic  editors  in  the  state. 
The  effect  was  prodigious.  All  the  machinery,  the  construc- 
tion of  which  had  for  two  years  put  in  requisition  the  skill 
and  ingenuity  of  Mr.  Van  Buren  and  his  friends  at  Albany, 
was  suddenly  put  in  motion,  and  it  performed  to  admiration. 

The  Adams  party  in  the  city  of  New-York,  shortly  be- 
fore the  election,  held  a  meeting  at  Tammany  Hall,  of 
which  the  venerable  Marinus  Willet  was  chairman,  and 
nominated  Peter  Sharpe  and  John  D.  Ditmus  for  senators 
from  the  first  district,  and  James  Fairlie  and  ten  others, 
for  members  of  assembly  from  the  city. 

The  result  of  the  election  afforded  a  complete  triumph 
to  the  Jackson  party.  The  Jackson  ticket  for  senate  and 
assembly,  in  the  city  of  New-York,  received  a  majority  of 
more  than  four  thousand  votes.  Nearly  all  the  senato- 
rial districts  were  carried  by  the  same  party,  and  a  large 
majority  of  Jackson  men  were  returned  to  the  assembly. 

The  senators  elected  were  : 

From  the  First  District,  Jacob  Tyson,  and 
Mr.  Schenck, 


Second 

Third 

Fourth 

Fifth 

Sixth 

Seventh  do., 

Eighth     do., 


do., 
do., 
do., 
do., 
do.. 


Walker  Todd, 
Moses  Warren, 
Reuben  Sanford, 
Nathaniel  S.  Benton, 
Grattan  H.  Wheeler. 
George  B.  Throop, 
Timothy  H.  Porter. 


260  POLITICAL     HISTORY  [1»27. 

The  new  congress  convened  on  the  3rd  of  December. 
The  result  of  balloting  for  speaker  exhibited  a  majority 
of  the  house  of  representatives  opposed  to  Mr.  Adams. 
John  VV.  Taylor  was  a  candidate  for  re-election.  Two 
hnndrcd  and  five  members  were  present.  On  balloting 
for  speaker,  Mr.  Taylor  received  ninety-four  votes  ;  Mr. 
P.  P.  Barbour  four  ;  there  were  three  scattering  votes,  and 
Mr.  Andrew  Stevenson  of  Virginia  received  the  remain- 
der of  the  votes,  (one  hundred  and  four)  and  was  declared 
duly  elected.  Mr.  Van  Buren  again  exerted  his  influ- 
ence against  Mr.  Taylor ;  again  it  was  in  the  power  of  the 
members  from  this  state  to  have  elected  him  speaker  and 
he  was  again  defeated  by  the  votes  of  the  friends  of  Mr. 
Van  Buren  from  his  own  state.  But  at  this  time  Mr. 
Taylor  belonged  to  one  national  political  party  and  Mr. 
Van  Buren  to  another.  In  my  view,  Mr.  Van  Buren,  as 
a  member  of  a  political  party,  was  therefore  on  this  oc- 
casion quite  justifiable  in  the  course  he  took,  although  I 
can  by  no  means  excuse  him  for  depriving  his  own  stale, 
on  a  former  occasion,  of  the  infliuence  which  a  speaker 
would  have  had  in  the  house  of  representatives  of  the 
Union,  merely  because  the  New-York  candidate  had  de- 
clined to  vote  for  the  man  whom  Mr.  Van  Buren  believed 
ought  to  be  chosen  governor,  when  at  the  same  time  he 
and  that  candidate  cordially  concurred  in  the  support  of 
the  same  measures  and  same  men  in  the  national  govern- 
ment. 

The  legislature,  in  pursuance  of  their  adjournment  in 
April,  met  on  the  second  Tuesday  in  September,  and  con- 
tinued in  session  for  the  space  of  eighty-five  days,  labori- 
ously engaged  in  the  revision  of  the  laws :  during  which 
time  they  enacted  the  first  and  second  part  of  the  Revised 
Statutes,  except  the  first  chapter  of  the  second  part. 
They  adjourned  without  day,  on  the  27th  November. 


1827.J  OF    NEW-YORK.  201 

On  the  16th  November,  that  splendid  orator  and  great 
and  good  man,  Thomas  Addis  Emmet,  while  engaged  as 
counsel  in  the  trial  of  an  important  cause,  died  instantly, 
in  a  fit  of  apoplexy.  Public  meetings  were  held  in  New- 
York  and  other  places  by  the  members  of  the  bar,  and  by 
the  adopted  citizens  of  this  country,  and  resolutions  were 
passed  expressive  of  their  respect  for  his  merits,  and  their 
grief  for  his  death. 

Never  was  applause  more  richly  merited. 


262  POLITICAL    HISTORY  [1828. 

CHAPTER  XXXIV. 

FROM  JANUARY  1,  18-28,  TO  JANUARY  1,  1829. 

The  events  which  occurred  during  the  year  which  now 
opens  upon  us,  and  the  political  results  which  were  de- 
veloped before  its  termination,  render  it  one  of  the  most 
important  eras  in  the  history  of  parties  in  this  state  and 
nation. 

The  legislature  convened  on  the  1st  of  January,  and 
Erastus  Root  was  again  chosen  speaker  of  the  assembly. 
His  election  was  not  opposed.  Francis  Seger  was  elect- 
ed clerk  in  lieu  of  Edward  Livingston,  who,  in  accord- 
ance with  a  previous  understanding  between  him  and 
Seger,  had  declined  a  re-election.  Mr.  Seger  had  for 
several  years  previous  served  as  deputy  clerk  of  the  house, 
and  in  consequence  of  being  crippled  in  one  of  his  arms, 
and  his  obliging  and  assiduous  attention  in  the  discharge 
of  his  official  duties,  was  rather  a  favorite  with  the  mem- 
bers. It  was  with  some  difficulty  that  Mr.  Livingston 
for  two  successive  years  had  persuaded  Mr.  S.  not  to 
cont^e  in  competition  with  him. 

This  assembly  contained  more  men  of  talent  than  for 
several  years  before  had  appeared  in  that  body. 

Benjamin  F.  Butler,  one  of  the  revisers,  was  returned 
a  member  of  the  assembly  from  the  city  and  county  of 
Albany.  There  is  no  doubt  a  majority  of  the  electors  in 
November,  1827,  were  opposed  to  Gen.  Jackson  and  his 
party.  But  I  presume  many  of  the  electors  voted  for 
Mr.  Butler  who  were  against  Jackson,  because  it  was 
known  that  the  Revised  Statutes  would  be  acted  upon  by 
the  assembly  then  to  be  chosen,  and  that  the  services  of 
Mr.  B.  would  be  highly  beneficial  to  the  public  upon  that 


1828.]  OF    NEW-YORK.  263 

occasion.  I  was  myself  warmly  opposed  to  the  Jackson 
party,  and  yet  voted  for  Mr.  Butler  for  the  reason  I  have 
stated.  Besides  Mr.  Butler,  there  was  ranged  on  the 
Jackson  side  of  the  house,  Robert  Monell  of  Chenango 
county  ;  Nathan  Dayton  of  Cortland  county,  (now  circuit 
judge  ;)  Erastus  Root;  N.  P.  Tallmadge,  the  present  Uni- 
ted l^tatcs  senator  ;  J.  B.  Skinner  of  Genesee,  D.  F.  Sacia 
of  Montgomery  county,  Samuel  Cheever  of  Rensse- 
laer, Saul  Alley,  A.  Shearman,  Ogden  Hoffman,  and 
Robert  Emmet,  (son  of  the  great  Thomas  Addis,)  of 
New-York ;  N.  B.  Cowles*  of  Putnam,  and  Amasa  Dana 
Df  Tompkins  ;  all  of  whom  were  respectable  for  talents, 
standing  and  character. 

.  On  the  other  side,  were  the  eloquent  and  talented  Eli- 
sha  Williams  from  Columbia  ounty,  with  his  colleague, 
Killian  Miller  ;  the  able,  experienced  and  sagacious  Gen. 
Peter  B.  Porter ;  Ezra  C.  Gross,  late  a  member  of  con- 
gress from  Essex  county,  one  of  the  most  promising 
joung  men  who  ever  entered  the  halls  of  legislation  of 
tlie  state  of  New-York  ;  Luther  Bradish  from  Franklin, 
tlie  present  learned  and  accomplished  lieutenant-governor, 
Francis  Granger,  of  whose  talents  and  address  I  need 
not  speak,  and  Robert  C.  Nicholas  from  Ontario,  dis- 
linguished  as  well  for  possessing  a  discriminating  mind 
ind  excellent  judgment  as  for  his  modest  and  amiable  de- 
portment and  unblemishhed  reputation.  He  was  the  son 
of  John  Nicholas,  of  whom  mention  has  heretofore  been 
nade,  and  is  now  a  senator  from  the  seventh  district. 

No  material  improvement  had  been  made  in  the  repre- 
sentation in  the  senate.  Indeed,  that  body  had  sustained 
a  great  loss  by  the  resignation  of  Mr.  Colden,  and  the 
expiration  of  the  term  of  service  of  JMr.  Silas  Wright,  who 
had  been  elected  a  men-iber  of  congress. 

*  Perhaps  I  do  wrong  to  rank  Mr.  Cowles  as  a  Jackson  man.  I  believe  he  was 
disinclined  to  take  nuicli  part  in  the  controversy.  He  was,  however,  a  very  efficient 
and  useful  member  of  the  legislature. 


264 


rOLlTICAI.    IIISTOUY 


[1828. 


The  governor  in  his  annual  message,  .commenced  by 
lainenting  the  recent  development  of  the  bittt-rness  of 
party  spirit,  alleging  that  even  the  sanctity  of  the  female 
character  had  not  been  regarded  by  political  jjartiziins  ; 
evidently  alluding  1o  imputations  which  had  lately  been 
made  in  some  of  the  Adams  newspapers  against  thj  wile 
of  Gen.  Jackson.  He  again  expresses  an  opinion  in  favor 
of  an  amendment  of  ih.e  United  States  constitution  in  such 
a  way,  that  the  choice  of  electors  should  be  by  single  dis- 
tricts throughout  the  United  States  ;  and  that  the  president 
be  rendered  ineligible  for  more  than  one  consecutive  term. 
He  su":2;ests  this  as  the  most  effectual  means  of  "uardin" 

CO  o  c 

against  excessive  party  heat  and  excitement.  He  com- 
plains that  the  canals  had  been  permitted  to  be  obstructed 
by  ice  unnecessarily  early  in  the  fall  and  late  in  the  spring 
during  the  last  year,  and  he  recommends  that  the  canal 
commissioners  should,  by  law,  be  required  to  keep  th(| 
canals  in  a  condition  fit  for  navigation,  in  ordinary  seaf- 
sons,  eight  months  in  a  year.  He  recommends  very  cxj- 
tensive  further  internal  improvements  by  canals,  anJ 
strongly  intimates  that  the  Chenango  canal  ought  to  bp 
made  by  the  state.  His  remarks  in  i-elation  to  internd 
improvements,  and  especially  the  management,  or  rathe^ 
mismanagement,  of  the  Erie  and  Champlain  canals,  drevi 
from  the  canal  commissioners,  in  their  annual  report,  som^ 
thing  like  recrimination  and  retort.  This  report  was  evii 
dently  drawn  by  Colonel  Young.  He  justifies  the  coursq 
taken  by  the  commissioners,  in  not  expending  the  money  oil 
the  public  to  clear  the  canal  of  ice  for  the  benefit  of  indi- 
viduals. There  u'as  between  Col.  Young  and  Mr.  Clin- 
ton a  radical  diflference  of  opinion,  as  to  the  principle  by 
which  the  state  oufrht  to  be  n^overned  in  makini^  internal 
in)provcment.  Governor  Clinton  asserted  in  substance,  in 
his  message,  that  the  amount  of  revenue  to  be  derived 
from  a  canal,  ought  not  to  control  the  state  in  determining 


1828.]  OF    NEW-YORK.  265 

on  its  construction.  Mr.  Young  held  doctrine  directly 
the  reverse.  The  only  question  with  the  governor  was, 
will  the  aggregate  wealth  of  the  state  be  increased  by 
making  the  canal?  Whereas  with  Col.  YouuL^  the  main 
question  was,  will  the  investment  by  the  state  increase  its 
revenue  ?  In  other  words,  will  the  state^  as  a  financial 
corporate  body  make  money  by  the  operation  1  * 

The  governor  takes  a  rapid  view  of  the  productive  pow- 
ers of  the  soil  of  the  state,  and  recommends  the  culture  of 
tobacco  and  hemp  ;  and  he  thinks  a  quantity  of  these  arti- 
cles might  be  raised  in  the  northern  states  equal  in  value 
to  the  cotton  exported  from  the  south.  He  recommends 
an  amendment  of  the  constitution  in  such  manner,  as  to 
abolish  tlie  circuit  system.  He  thinks  the  same  class  of 
judges  who  adjudicate  on  the  law  of  a  case,  ought  to  pre- 
side on  the  trial  of  facts.  With  some  very  trifling  excep- 
tions, the  style  and  manner  of  the  message  are  of  the  first 
order.  Alas,  it  was  the  last  time  this  great  man  spoke  to 
the  legislature  and  the  people  of  this  state. 

On  the  5th  of  .January,  Gen.  Pitcher  sent  a  note  to  the 
senate,  stating  that  he  was  confined  to  his  room  by  illness, 
and  should  probably  for  some  time  to  come  bo  unable  to 
attend  and  discharge  his  duty  as  a  presiding  officer  of  the 
senate.  And  thereupon  Mr.  P.  R.  Livingston  was  elected 
president  pro  tern. 

Early  in  the  session,  Mr.  Wardwell,  a  respectable  Jack- 
son man  from  Jefferson  county,  introduced  in  the  assembly 
the  following  resolutions,  on  the  subject  of  the  protection 
which  the  general  government  ought,  by  means  of  reve- 
nue laws,  to  extend  to  home  manufactures  ; 

"  Resolved,  That  the  senators  of  this  state,  in  the  con- 
gress of  the  United  States,  be  and  they  are  hereby  in- 
structed, and  the  representatives  of  this  state  are  request- 
ed, to  make  every  proper  exertion  to  effect  such  a  revision 
of  the  tariff",  as  will  afford  a  sufficient  protection  to  the 


•286 


POLITICAL    HISTORY 


[1823. 


growers  of  wool,  hemp  and  flax,  and  the  manufacturers  of 
iron,  woollens,  and  every  other  article,  so  far  as  the  same 
may  be  connected  with  the  interest  of  manufactures,  ag- 
riculture and  commerce. 

'"Resolved,  as  the  sense  of  this  legislature,  that  the 
provisions  of  the  woollens  bill  wliich  passed  the  house  of 
represen^tives  at  the  late  session  of  congress,  whatever 
advantages  they  may  have  promised  to  manufacturers  of 
woollen  goods,  did  not  afford  adequate  encouragement  to 
the  agriculturist  and  growers  of  wool."' 

These  resolutions  passed  both  houses  unanimously,  and 
by  tiieir  order,  were  forwarded  to  the  members  of  the  sen- 
ate and  house  of  representatives  from  this  state  in  the 
congress  of  the  Tnited  States. 

Since  the  passage  of  the  compromise  act,  the  excitement 
and  agitation  on  this  subject  have  subsided,  and  for  ten 
years  past  the  public  mind  in  the  state  of  New-York, 
and  in  most  of  the  northern  and  middle  states,  has  been  in 
a  ^reat  measure  diverted  from  it. 

In  the  midst  of  these  busy  scenes  of  legislation  and 
bustle  of  political  partizans,  Gov.  Clinton,  who  had  for 
more  than  thirty-three  years  been  constantly  engaged  in 
them,  was  struck  down  by  the  hand  of  death.  This  mel- 
ancholy event  occurred  on  the  evening  of  the  11th  of  Fcb- 
rurary.  He  had  that  morning  visited  the  capitol  and  trans- 
acted business,  as  usual,  at  the  room  appropriated  to  the 
governor.  In  the  afternoon,  he  wrote  up  his  diary,  (he 
had  for  a  long  time  kept  one,)  and  perused  all  the  letters 
received  by  the  evening  mails.  Within  a  few  minutes  af- 
ter he  had  finished  the  examination  of  his  letters,  and 
while  in  a  sitting  posture,  conversing  with  two  of  his 
sons,  his  head  fell  forward,  and  he  never  breathed  again. 

"  His  countenance  underwent  no  change  in  death;  there 
was  no  struggle  or  convulsion  ;  the  color  of  his  cheeks 


1828.]  OF  NEW-YOKK.  267 

was  unchanged,  and  his  departure  was  quiet  as  if  he  had 
dropped  asleep." — Renioick,  290. 

Tiie  shock  produced  by  this  unexpected  and  painful 
event  was  deeply  and  universally  felt.  In  the  legisla- 
ture, in  our  cities  and  villages,  the  most  respectful 
nriarks  of  veneration  for  his  memory,  and  decisive  de- 
monstrations of  sorrow  and  grief  for  his  loss  were 
evinced,  by  funeral  processions  and  eulogies.  When  the 
news  arrived  at  Washington,  the  members  of  congress 
from  New-York  forthwith  held  a  meeting  without  distinc- 
tion of  party,  and  adopted  resolutions  expressive  of  their 
esteem  for  his  character,  and  respect  and  gratitude  for  his 
public  services.  Mr.  A"an  Buren,  on  that  occasion,  deliv- 
ered a  short  but  appropriate  and  elegant  address,  the  con- 
cluding part  of  which  is  so  beautiful  both  in  style  and 
sentiment,  and  so  just  to  the  deceased,  as  well  as  creditable 
to  the  orator,  that  1  cannot  deny  myself  the  pleasure  of 
copying  it. 

"  The  triumph  of  his  talents  and  patriotism,"  said  Mr. 
Van  Buren,  "  cannot  fail  to  become  monuments  of  high 
and  enduring  fame.  We  cannot,  indeed,  but  remember, 
that  in  our  public  career,  collisions  of  opinions  and  action, 
at  once  extensive,  earnest,  and  enduring,  have  arisen  be- 
tween the  deceased  and  many  of  us  For  myself,  sir,  it 
gives  me  a  deep-felt,  though  melancholy  satisfaction,  to 
know,  and  more  so,  to  be  conscious,  that  the  deceased  also 
felt  and  acknowledged,  that  our  political  differences  have 
been  wholly  free  from  that  most  venomous  and  corroding 
of  all  poisons,  personal  hatred. 

'•  But  in  other  respects  it  is  now  immaterial  what  was 
the  character  of  those  collisions.  They  have  been  turned 
to  nothing,  and  less  than  nothing,  by  the  event  we  de- 
plore, and  I  doubt  not  that  wc  will,  with  one  voice  and 
one  heart,  yield  to  his  memory  the  well  deserved  tribute 
of  our  respect  for  his  name,  and  our  warmest  gratitude 


268  POLITICAL     HISTORY  [1828. 

for  his  great  and  signal  services.  For  myself,  sir,  so 
strong,  so  sincere,  and  so  engrossing  is  that  feeling,  that 
I,  who  whilst  living,  never,  no  never,  envied  him  any 
thing,  now  that  he  has  fallen,  am  greatly  tempted  to  envy 
him  his  grave  with  its  honors." 

It  was  commonly  remarked,  and  sometimes  by  reflecting 
and  thinking  men,  that  the  time  of  Mr.  Clinton's  dnath  was 
most  fortunate  so  far  as  regarded  his  fame  and  the  respect 
entertained  for  him  by  the  generation  who  survived  him. 
He  had  declared  himself,  and  undoubtedly  was,  in  favor 
of  the  election  of  Gen.  Jackson  for  the  presidency.  A 
knowledge  of  his  views  on  that  question  had  softened  the 
aspersity  against  him  of  the  great  mass  of  his  former  op- 
ponents, probably  seven-eighths  of  whom  had  determined 
to  supjiort  Gen.  Jackson,  and  many  of  the  leading  men 
of  the  party  formerly  called  bucktails  were  evidently 
seeking  a  favorable  opportunity  or  a  plausible  excuse  for 
declaring  themselves  the  political  friends  of  De  Witt 
Clinton.  While,  on  the  other  hand,  to  the  old  Clintonian 
party,  although  more  than  three-fourths  of  them  were  for 
the  re-election  of  Mr.  Adams,  he  had  done  no  overt  act 
which  deprived  him  of  their  esteem  and  friendship. 
Both  of  the  great  parties  in  the  state,  with  the  exception 
of  a  few  personal  enemies  and  some  few  bucktail  Adams 
men  were  sincerely  disposed  to  pay  a  respect  to  his  memo- 
ry, and  to  do  complete  and  full  justice  to  his  services  and 
merits  as  a  statesman  and  patriot.  The  speculative  poli- 
tician may  naturally  indulge  in  the  curious  inquiry  re- 
specting what  would  have  been  the  fate  of  Gov.  Clinton, 
considering  the  attitude,  with  respect  to  national  politics, 
that  boih  Mr.  Van  Buren  and  the  governor  had  assumed, 
had  the  latter  survived  the  election  of  Gen.  Jackson  to 
the  presidency. 

After  the  war  had  been  fairly  waged  in  the  state  be- 
tween the  Jackson  and  Adams  parfies,  would  a  suflicient 


1828.]  OF    NEW-YORK.  269 

number  of  the  Van  Burcn  and  Clintonian  Jackson  men 
have  adhered  to  him  to  have  re-elected  him  governor  of 
the  state?  I  have  before  stated,  that  he  had  come  to  an 
irresistable  determination  not  to  accept  of  any  subordi- 
nate oflicc  in  the  general  government;  he  therefore  would 
probably  have  felt  no  opposition  to  the  appoinment  of 
Mr.  Van  Buren  as  secretary,  of  state,  founded  on  a  desire 
himself  for  that  office.  But  it  was  before  and  at  the  time 
of  his  death,  generally  understood  that  both  Clinton  and 
Van  Buren  were  desirous  and  entertained  expectations  of 
being  Gen.  Jackson's  successor.  Mr.  Clinton  was  the 
last  man  who  could  endure  a  rival.  When  therefore  he 
saw,  as  he  would  have  seen,  events  combining  and  things 
shaping  themselves  in  a  way  likely  to  render  Mr.  Van 
Buren  the  favorite  candidate  of  a  majority  of  the  Jackson 
party,  what  would  have  been  the  conduct  of  Mr.  Clinton  1 
Every  man  who  knew  him,  wm'11  unhesitatingly  decide  that 
he  would  have  waged  a  fierce  and  relentless  warfare 
against  Mr.  Van  Buren  and  his  supporters.  What  would 
have  been  the  event  of  that  war? 

With  respect  to  the  character  and  merits  of  Mr.  Clin- 
ton, although  I  think  I  know  them  well,  I  feel  great  em- 
barrassment in  submitting  any  remarks  on  the  subject. 
This  embarrassment  is  increased  by  the  reflection,  that  the 
attacks  of  political  writers  upon  him  during  his  life  were 
extremely  severe.  Many  of  them  denied  that  he  possess- 
ed either  talents  or  political  integrity.  The  purity  of  his 
private  character  was  never,  I  believe,  questioned  by  any 
one.  But  as  a  politician,  he  was  charged  with  being  vain, 
selfish,  cold  and  ungrateful  to  his  friends,  and  vindictive 
towards  his  opponents.  On  the  other  hand,  those  who 
have  written  in  his  favor,  have  spoken  of  him  in  terms  of 
unqualified  praise.  Even  his  biographers  seem  rather  to 
have  been  engaged  in  writing  an  electioneering  address, 
or  pronouncing  a  funeral  eulogy,  than  in  compiling  sober 


270  POLITICAL     HISTORY  182<^. 

hisiory.  It  may  be  that  in  this,  as  in  many  other  cases, 
the  truth  is  to  be  found  in  a  medium  between  these  con- 
flicting representations. 

I  was  for  many  years  an  agent  in  conducting  some  of 
Mr.  Clinton's  most  important  pecuniary  concerns,  and  in 
that  capacity  held  familiar  and  confidential  intercourse 
with  him.  I  was  his  personal  and  political  friend — I  had 
almost  said  his  admirer.  For  that  reason,  I  may  well 
suspect  that  my  judgment  is  biased  in  his  favor;  while, 
on  the  other  hand,  it  is  not  impossible  that  that  very  sus- 
picion may  have  led  to  an  extreme  caution,  which  may 
render  my  representations  in  some  respects  unjust  in  rela 
tion  to  his  talents  and  merit. 

Mr.  Clinton  was,  among  the  mass  of  his  fellow  citizens, 
personally  unpopular.  This  was  owing  to  a  certain  cold 
ness  and  hauteur  of  manner,  probably  contracted  when  a 
boy,  while  he  was  private  secretary  to  Gov.  George  Clin 
ton.  In  the  course  of  my  agency  for  him,  I  sent  a  great 
many  farmers  and  laboring  men  to  him  to  pay  him  money, 
and  I  do  not  recollect  of  a  single  instance  in  which  the 
person  I  thus  sent  did  not  leave  him  with  unfavorable 
impressions  towards  him.  And  yet  no  one  complained  of 
any  act  done  or  word  said  by  the  governor  as  unjust  or 
improper.  As  to  any  thing  like  illiberality  in  his  pecuni- 
ary transactions,  he  was  utterly  incapable  of  it.  It  was 
evidently  an  assumption  of  superiority  and  a  repulsive- 
ness  of  manner  which  displeased.  In  this  respect  his  po- 
litical rival.  Gov.  Tompkins,  had  a  decided  advantage 
over  him.  An  anecdote  was  related  to  me  by  John  L. 
Wendell,  Esq.,  of  Albany,  as  coming  from  Mr,  Sylvanus 
Miller,  of  New-York,  one  of  the  most  constant  and 
meritorious  friends  in  the  state  of  the  late  governor,  so 
strikingly  illustrative  of  the  characters  of  both  Tompkins 
and  Clinton.  ih;it  I  beg  leave  to  relate  it 


1828.]  OF    NEW- YORK.  271 

A  respectable  farmer  residing  in  one  of  the  interior 
counties  in  the  state,  unfortunately  had  a  son  who  was 
convicted  of  a  felony  and  senten<;ed  to  several  years'  con- 
finemeni  in  the  states  prison.  The  father  had  twice  called 
on  Gov.  Tornpkins  with  a  petition  for  the  pardon  of  his 
son,  which  had  been  denied.  After  Mr.  Clinton  became 
the  successor  of  Mr.  Tompkins,  the  old  man  being  ac- 
quainted with  Mr.  Miller,  and  aware  of  his  intimacy  with 
the  governor,  called  on  him  and  solicited  his  influence  in 
behalf  of  his  son.  Mr.  Miller  being  convinced  that  it 
was  a  case  proper  for  the  exercise  of  the  executive  cle- 
mency, promised  to  give  him  his  aid,  and  forthwith  called 
on  the  governor,  and  his  representations  produced  the 
same  conviction  on  the  mind  of  Mr.  Clinton.  Mr. 
Miller  however  in  order  to  turn  the  act  to  some  political 
advantage,  told  the  governor  that  the  father  of  the  convict 
was  a  man  of  considerable  influence  in  the  place  where 
he  lived;  that  he  (Miller)  would  send  him  to  Governor 
Clinton,  and  he  hoped  he  would  treat  him  in  such  a  man- 
ner as  to  secure  his  esteem  and  friendship — and  with  this 
request  the  governor  promised  compliance.  The  old  man 
called  at  the  governor's  office,  according  to  the  custom  of 
country  people,  early  in  the  morning,  and  Mr.  Clinton, 
being  informed  of  his  name,  went  himself  to  the  door  and 
urged  him  to  come  in  and  breakfast  with  him.  The  petitioner 
did  so,  and  the  governor  made  great  efforts  to  appear 
agreeable  during  the  repast,  and  after  breakfast  delivered 
to  the  anxious  father  an  unconditional  pardon  of  his  son. 
He  went  immediately  to  Mr.  Miller's  oflfice,  who  inquired 
of  him  how  he  had  succeeded,  and  how  he  liked  the 
governor.  "  The  governor,"  said  the  old  man,  "  was  so 
good  as  to  ask  me  to  breakfast  and  promptly  pardoned 
my  son,  but  you  asked  me  how  I  liked  him  and  I  must 
say  that,  although  I  have  seen  Gov.  Tompkins  but  twice, 
anJ  although  at  each  time  he  positively  refused  to  grant 


272 


POLITICAL    inSTORY 


ri828. 


me  the  favor  I  desireil,  and  Gov.  Clinton  has  granlen  me 
that  very  favor  upon  the  first  time  of  asking,  I  like  Gov. 
Tompkins  better  than  I  like  or  can  like  Gov.  Clinton — I 
can  not  tell  the  reason  why." 

Gov.  Clinton  was  not  remarkable  for  his  conversational 
powers.  On  literary  subjects,  and  other  grave  topics,  he 
was  interesting,  though  not  eloquent.  His  attempts  at  wit 
among  those  with  whom  he  associated,  and  at  convivial 
parties,  were  generally  severe  and  sometimes  offensive, 
especially  to  those  who,  from  their  age  or  situation,  felt 
that  they  could  not  with  propriety  retaliate.  As  a  politi- 
cal writer,  he  was  capable  of  keen  and  biting  sarcasm, 
perhaps  more  so  than  any  other  writer  of  the  age.  In  his 
domestic  relations,  he  was  tender  and  affectionate.  I  nevei 
knew  a  more  kind,  sensitive  and  affectionate  parent.  Al- 
though economical  in  his  expenditures,  he  was  not  a  lover 
of  money.  Plis  want  of  attention  to  his  pecuniary  affairs 
grew  out  of  his  love  of  literary  fame,  and  his  fondness  fo' 
politic  s  and  political  power.  In  all  his  pecuniary  trans- 
actions, he  was  rigidly  and  strictly  honest. 

As  a  writer,  although  he  now  and  then  seems  to  labor 
to  convince  the  reader  that  he  is  a  very  learned  and  very 
great  man,  he  undoubtedly  possesses  great  merit,  and 
stands  unquestionably  higher  than  most  of  his  cotempo- 
raries. 

As  a  mere  politician,  I  have  had  frequent  occasion  to 
point  out  his  errors.  By  his  political  opponents,  he  was 
charged  with  intrigues.  So  far  from  tliis  charge  being 
true,  he  was  not  only  utterly  destitute  of  intrigue,  but  he 
was  absolutely  defective  in  that  address  which,  in  a  popu- 
lar govtrnraent,  is  highly  necessary  for  every  man  who 
expects  to  make  a  figure  in  public  life. 

I  have  had  occasion  several  times  to  remai'k.  that  al- 
though his  ends  were  always  worthy  and  elevated,  he 
failed  in  providing  the  means  for  the  accomplishment  of 


18-28.]  OF    NEW-YORK.  273 

♦hose  ends.  Perhaps  it  was  unfortunate  for  Mr.  Clinton 
that  when  quite  young  he  found  himself  possessed  of  con- 
siderable political  influence  and  power — an  influence  ard 
power  which  he  never  had  labored  to  acquire,  but  which 
he  mjght  have  imagined  he  possessed  in  consequence  cf 
personal  merits  which  those  around  him  discovered,  but 
which  in  fact  grew  out  of  his  near  connexion  with  his 
uncle,  the  governor.  To  this  false  impression,  early  made 
on  his  mind,  and  too  long  cherished,  may  be  owing  the  fact 
that  he  always  placed  too  high  an  estimate  on  his  own  per- 
sonal influence.  He  seemed  to  entertain  the  notion  that  all 
his  friends  were  bound  to  believe  as  he  believed,  and  that  his 
supporters  were  made  for  him,  and  not  he  for  his  support 
ers.  I  have  not  the  least  doubt  his  great  principles  of  ac- 
tion originated  from  pure  and  patriotic  motives,  and  he 
therefore  readily  arrived  at  the  conclusion  that  those  who 
differed  from  him  were  either  defective  in  judgment  or 
influenced  by  sinister  views.  Hence  both  in  conversation 
and  in  his  anonymous  writings,  he  treated  his  political 
opponents  with  severity,  and  sometimes  with  unjustifiable 
harshness.  During  his  long  political  career,  he  had  seen 
much  of  the  selfishness,  dishonesty  and  corruption  of  men, 
some  of  whom  claimed  and  held  considerable  standing  in 
community  ;  hence,  although  perfectly  honest  himself,  he 
formed  an  opinion  unfavorable  to  the  integrity  of  the  ma- 
jority of  politicians  j  and  although  pure  and  incorruptible 
himself,  he  looked  upon  corruption  in  others  with  too 
much  indifference  ;  and  hence  we  have  seen  among  his 
most  zealous  and  clamorous  friends,  some  of  the  most  cor- 
rupt agents  of  the  bank  of  America.  But  this  class  of 
men  he  never  admitted  to  unreserved  confidence.  Al- 
though highly  impressed  with  an  opinion  of  his  own 
standing  and  popularity,  and  possessing  great  conridence 
in  the  correctness  of  his  own  judgment,  he  had  a  lew 
friends  to  whom  he  without  reserve  unbosomed  himself 

R 


274  POLITICAL    HISTORY  [1828. 

and  from  whom,  with  all  his  native  stei'nness,  he  would 
receive  atlvice,  and  even  admoniUon,  in  the  kindest  and 
most  placable  manner.  Among  these  I  may  mention,  in 
the  early  part  of  his  public  life,  Ambrose  Spencer,  and  at 
a  more  recent  period,  the  late  William  James,  Archibald 
Mclntyre,  Alfred  Conkling,  and  Sylvanus  Miller.  Indeed 
Mr.  Miller  was  his  confidential  friend  during  the  whole  of 
his  political  career. 

As  a  statesman,  and  I  use  that  term  as  distinguished  from 
the  mere  politician,  Mr.  Clinton  stands  pre-eminent.  His 
views  were  generally  original,  and  put  forth  in  a  bold  and 
fearless  manner.  His  forecast  was  most  remarkable.  He 
early  discovered  and  attempted  to  remedy  the  defects  in 
the  organization  of  the  general  government  with  respect 
to  the  election  of  president.  He  was  among  the  first  to 
point  out  the  da»nger,  which  might  grow  out  of  a  collision 
between  the  states  and  the  judiciary  power  of  the  union. 
He  discovered  and  warned  the  public  against  the  evils 
sirowinff  out  of  the  over  issues  of  banks  in  advance  almost, 
if  not  quite,  of  all  o-llier  men.  He  has  been  the  reputed 
author,  and  at  any  rate,  has  assumed  the  responsibility  of 
recommending  a  larger  number  of  great  and  important 
measures,  which  have  been  adopted  by  the  legislature, 
and  received  the  siamp  of  tiie  approbation  of  the  people 
of  this  state,  than  all  the  other  governors  who  have  sat  in 
the  executive  chair  of  New-York  since  the  organization  of 
its  government.* 

As  respected  the  relations  of  the  states  with  the  gene- 
ral government  and  the  constitutional  powers  of  that 
government,  Mr.  Clinton  was  a  state  rights  man,  and  a 
strict  constructionist  of  "  the  most  straitest  sect."  His 
ardor  in  supporting  the  rights  oi  the  states  when  they 
came  in  collision  wiili  doubUu'   powers  Cjjiimed   by  the 

*  This  assertion  is  n  ide  tvithout  parlicular  examiiiauor     It  must,  thereforci 
oc  'X;;arded  as  a  incr«  rxnressioti  of  an  opinisn 


1828.]  OF    NEW-YORK.  275 

national  government,  was  probably  sharpened  and  in- 
creased from  the  time  he  appeared  as  a  writer  in  opposi- 
tion to  the  federal  constitution,  by  his  ardent  attachment 
to  this,  his  native  state.  He  loved  New-York  and  every 
part  of  it  with  the  same  partiality  that  a  parent  does  his 
own  family,  and  he  took  pride  in  its  advancement  in 
wealth  and  greatness.  With  all  his  bitter  and  sometimes 
illiberal  feelings  against  political  opponents,  whenever 
those  opponenents  advocated  measures  in  his  judgment  cal- 
culated to  advance  the  wealth  and  prosperity  of  the  state, 
his  hostility  for  the  time  being  was  extinguished,  and  he 
came  most  cordially  to  their  aid.  He  was,  therefore,  at 
heart,  a  state  rights  man.  The  least  indication  of  en- 
croachment by  the  national  upon  the  state  government, 
was  viewed  by  him  with  alarm,  and  resisted  with  spirit. 
Of  the  great  men  in  America,  who  were  jealous  of  the 
national  government,  and  for  confining  its  action  exclu- 
sively to  the  powers  expressly  granted,  Mr.  Clinton  was 
unquestionably  the  most  zealous.  Mr.  Jefferson  and 
others  have  theorized,  but  Mr.  Clinton  felt  in  favor  of 
state  rights. 

In  conclusion,  I  may  be  allowed  to  express  an  opinion, 
that  De  Witt  Clinton  was  a  sincere  friend  to  the  equal 
rights,  prosperity  and  happiness  of  the  mass  of  men,  but 
possessed  habits  of  thinking  of  himself  and  a  deportment 
which  rendered  him  unacceptable  to  them ;  that  he  was 
able,  honest  and  patriotic  in  his  conduct  as  a  public  agent ; 
but  that  he  looked  with  too  great  indifference  upon  cor- 
ruption among  his  supporters  ;  that  he  indulged  in  too 
much  asperity  against  his  political  opponents ;  and  that 
he  was  a  man  of  high  and  exalted  ambition,  and  of  sound 
and  enlarged  views  as  a  statesman,  but  defective  in  tact 
and  address  as  a  politician  in  a  popular  government. 

He  was  a  man  of  indomitable  personal  and  moral  cour- 
age.     In    person   he    was,    perhaps,    the   most   perfect 


276  POLITICAL    HISTORY  [ly28. 

specimen  of  humanity,  as  combining  dignity  with  elegance 
and  symmetry  of  features,  ever  produced  in  the  state  of 
New- York. 

It  was  well  known  that  Gov.  Clinton  died  poor ;  and 
that,  not  being  an  acting  canal  commissioner,  lie  had  re- 
ceived no  salary,  or  other  compensation  for  his  services 
as  such  commissioner.  With  a  view  of  making  some  pro- 
visions for  his  minor  children,  two  sons  and  two  daugh- 
ters, soon  after  his  death,  a  committee  of  the  assembly 
was  appointed  by  the  speaker,  on  the  motion  of  Mr. 
Edgerton  of  Delaware,  consisting  of  Messrs.  Edgerton, 
Butler,  Granger,  Goodrich  and  Ruggles,  who  reported  a 
bill,  authorizing  the  payment  to  those  children  of  the  sala- 
ry of  a  canal  commissioner  during  the  time  the  late  gover- 
nor had  served  as  a  member  of  the  canal  board,  and  one 
year's  salary  as  governor  of  the  state.  The  passage  of 
this  bill  was  opposed  by  Mr.  Root,  and  by  Mr.  Mann  of 
Herkimer,  with  considerable  heat  and  some  bitterness. 
Men  of  generous  and  good  feelings  of  all  parties  were 
mortified  and  disgusted  at  this  opposition.  Mr.  Butler 
although  he  had,  been  one  of  the  most  zealous  political 
opponents  of  Mr.  Clinton,  distinguished  himself  by  an 
able  and  eloquent  speech  in  support  of  the  bill.  The 
speaker  decided,  that  as  the  bill  proposed  a  grant  of 
money,  it  could  not  be  passed  into  a  law  without  the  vote 
of  two-thirds  of  the  members  of  both  houses  in  its  favor, 
and  in  this  decision  he  was  sustained  by  a  majority  of  the 
house.  Gen.  Porter  declared  that  he  could  not  vote  for  so 
large  a  sum  as  that  proposed  to  be  given,  and  moved  to 
limit  it  to  the  amount  of  ten  thousand  dollars.  The  real 
friends  of  the  measure  apprehending,  if  they  insisted  on 
too  large  a  sum,  two-thirds  of  the  members  could  not  be 
induced  to  vote  for  it,  adopted  Gen.  Porter's  amendment, 
and  in  that  form  the  bill  passed  by  a  vote  of  eighty-eight 
to  twenty-five.     In  the  senate  it  passed  without  serious 


1828.]  OF   NEW-YORK.  277 

opposition.  I  regret  to  say,  tlierc  are  good  reasons  for 
believing  that  former  political  hostility  induced  Mr.  Root 
and  Mr.  Mann,  and  many  of  their  followers,  to  pursue  the 
course  which  they  did  on  this  occasion.  How  deep  and 
settled  must  be  those  prejudices  and  that  political  hostility 
which  the  grave  cannot  annihilate. 

Upon  lie  demise  of  Gov.  Clinton,  Gen.  Pitcher  became 
the  acting  governor,  and  Mr.  Peter  R.  Livingston  having 
been  elected  president  of  the  senate,  was  lieutenant- 
governor  de  facto. 

Gov.  Pitcher  was  an  uneducated  man,  brought  up  a 
farmer  in  Washington  county,  a  man  of  good  native  pow- 
ers of  mind,  of  sound  judgment,  and  had  acquired  some 
knowledge  of  public  business,  having  been  several  times 
elected  a  member  of  the  legislature  of  this  state,  and  once 
a  member  of  the  house  of  representatives  of  the  United 
States.  He  was  a  warm  partizan  and  had  been  an  ardent 
opponent  of  Gov.  Clinton.  But  the  intercourse  which 
Mr.  Pitcher  had  with  the  governor,  as  state  road  commis- 
sioner, and  as  lieutenant-governor,  had  mollified  his  feel- 
ings towards  him.  Although  zealous  as  a  partizan  and 
warm  in  his  friendship,  and  as  is  commonly  the  case, 
equally  ardent  in  his  enmities,  Mr.  Pitcher  was  strictly 
and  rigidly  an  honest  man.  He  would  fight  his  opponent 
vigorously,  but  he  would  not  wantonly  do  him  injustice. 
He  was  a  man  of  deep  and  intense  feeling,  of  which  I 
shall  soon  furnish  proof. 

His  first  message  to  the  legislature  of  any  importance, 
was  a  recommendation  that  provision  be  made  by  law 
for  the  appointment  of  a  special  public  prosecutor  to  de- 
tect and  punish  the  murderers  of  William  Morgan.  This 
recommendation  was  approved  by  the  legislature,  and  a 
law  passed  in  accordance  with  it.  Mr.  Daniel  Mosely  of 
Onondaga  county,  was  appointed  to  the  office. 


278  POLITICAL    HISTORY  [1828. 

A  bill  for  construcling  the  Chenango  canal,  and  also  the 
Chemung  canal,  by  the  zealous  and  vigorous  efforts  of 
Mr.  Granger,  again  passed  the  assembly,  but  both  bills 
were  defeated  in  the  senate  by  a  large  majority. 

The  courts  of  law  in  the  city  of  New-York  were  found 
to  be  inadequate  to  the  business  wants  of  that  city. 
Causes  which  afforded  the  least  possible  excuse  for  dispu- 
tation were  litigated,  and  such  a  mass  of  business  was 
thrown  into  the  supreme  court  that  the  number  of  cases 
on  the  calendar  of  the  circuit  judge  had  become  so  great 
that  it  was  evident  years  must  elapse  before  the  younger 
issues  would  be  brought  on  for  trial.  In  a  commercial 
country,  a  delay  of  justice  amounts  to  a  denial.  It  was 
evident  that  the  fault  was  not  in  the  presiding  judge. 
More  force,  more  judicial  laborers  were  required  to  dis- 
patch the  business  and  properly  dispose  of  the  causes 
which  the  parties  required  should  be  litigated.  It  was 
therefore  proposed  to  erect  a  court  for  the  trial  of  all  civil 
causes,  but  which  should  be  confined  in  its  jurisdiction  to 
the  city  and  county  of  New-York,  to  be  called  the  supe- 
rior court  of  common  pleas,  and  to  consist  of  three  judges, 
any  one  of  whom  should  be  authorized  to  try  issues  of 
fact.     This  scheme  was  adopted  by  the  legislature. 

After  this  law  had  been  passed,  great  anxiety  was  man- 
ifested by  the  members  of  the  New-York  bar  in  relation 
to  the  persons  who  should  be  appointed  judges. 

Chancellor  Jones  had  now  nearly  reached  an  age  which 
would  have  rendered  him  constitutionally  ineligible  to 
hold  the  office  of  chancellor.  Ho  was  therefore  willing 
to  exchange  that  office  for  the  office  of  chief  justice  of 
the  new  court,  the  term  of  which  was  not  restricted  or 
limited  by  the  age  of  the  incumbent.  As  the  appoint- 
ment of  Mr.  Jones  would  vacate  the  office  of  chancellor, 
and  give  the  appointing  power  an  opportunity  of  supply- 
ing the  vacancy  by  one  of  the  political  friends  of  the  domi- 


IS'28.]  OF    NEW- YORK.  279 

nant  party,  and  as  no  objection  could  be  made  to  the  per- 
sonal fitness  of  j'lTr.  Jones,  his  appointment  was  readily 
acceded  to  by  the  governor  and  senate. 

Mr.  Hoflman,  since  the  c-ouncil  of  appointment  in  the 
year  1818,  had  refused  to  remove  Mr.  Riker,  in  order  to 
make  him  recorder  of  New-York,  had  been  anti-Ciintonian 
in  his  politics,  and  had  availed  himself  of  all  probable 
chances  of  being  gratified  by  apppointment  to  office,  from 
the  adverse  party,  but  had  hcetofore  been  unsuccessful. 
On  this  occasion  his  son,  a  young  man  of  considerable  in- 
fluence and  some  brilliancy  of  talent,  happening  to  be  a 
member  of  the  assembly,  and  without  whose  aid,  proba- 
bly, the  bill  creating  the  s-uperior  court  could  not  liave 
been  passefl.  exercised  such  efficient  exertions  in  his  favor, 
that  the  governor  and  senate,  with  some  reluctance,  came 
into  the  measure,  and  consented  to  his  appointment. 

The  selection  of  a  third  candidate  for  judge  was  stil. 
raore  difficult.  Thomas  J.  Oakley  was  the  favorite  candi- 
date of  the  merchants  of  New-York,  and  I  presume  of  a 
majority  of  the  bar.  But  he  had  been  a  most  zealous  and 
formidable  opponent  to  the  dominant  party  during  the  con- 
test between  Clinton,  Mclntyre  and  Tompkins,  and  had 
been  indignantly  ejected  from  office  but  a  few  years  be- 
fore, by  the  very  party  whose  patronage  was  now  claimed 
for  him.  The  only  political  merit  of  Mr.  Oakley,  was, 
he  was  a  Jackson  man,  and  that  circumstance,  in  connex- 
ion with  his  eminent  talents  and  high  standing  as  a  law- 
yer, caused  it  to  be  ultimately  determined  that  he  should 
be  selected  as  the  third  judge. 

Had  Mr.  Oakly  continued  in  political  life,  (he  was  then, 
I  believe,  a  member  of  congress,)  his  talents,  discretion, 
self-command  and  address  would  unquestionably  have  ren- 
dered him  one  of  the  most  distinguished  of  the  northern 
politicians.     Since  his  acceptance  of  the  office  of  judge  o. 


280  POLITICAL    HISTORY  [1828. 

this  inferior — superior  court,  lie  has  not  been  heard  of  as  a 
political  man. 

On  the  whole,  so  far  as  the  public  interest  was  con- 
cerned, there  was  no  ground  to  complain  of  the  selection  of 
judges  for  this  new  court.  Of  Chancellor  Jones  as  a  jurist 
and  lawyer,  I  need  not  speak.  Mr.  Hoifman,  though  far 
advanced  in  life,  had  long  held  a  distinguished  standing  at 
the  bar,  and  it  will  be  recollected  was  several  years  attor- 
ney general  of  the  state,  under  the  administrations  of  those 
eminent  men  Gov.  Clinton  and  John  Jay.  Judge  Oakley's 
high  order  of  talent  is  too  well  known  to  require  to  be 
again  mentioned.  But  it  is  not  a  little  remarkable  that 
these  three  judges,  as  long  as  the  federal  and  republican 
parties  existed,  or  at  any  rate  as  long  as  the  federal  party 
claimed  an  existence,  were  three  of  the  most  efficient,  dis 
tinguished  and  zealous  federalists  in  the  state. 

Upon  the  resignation  of  the  office  of  chancellor  by  Mr. 
Jones,  Mr.  Pitcher  did  what  Gov.  Clinton  ought  to  have 
done, — he  offered  the  appointment  to  Chief  Justice  Savage, 
■who  declined  it,  and  thereupon  he  appointed  the  present 
chancellor,  Reuben  H.  Walworth,  who  was  then  circuit 
judge  of  the  fourth  circuit.  Mr.  Walworth,  although  one 
of  the  youngest  of  the  circuit  judges,  had  acquitted  him- 
self,in  the  discharge  of  the  duties  of  that  office  with  great 
ability,  and  in  a  manner  which  commanded  and  received 
the  approbation  of  the  bar  and  the  public.  His  appoint- 
ment to  the  office  of  chancellor  was  generally  well  re- 
cei\ed.  The  appointment  of  Juilge  Walworth  as  chan- 
cellor, left  a  vacancy  in  the  office  of  circuit  judge,  which 
was  supnUed  by  the  appointment  of  Es-ek  Cowen,  an  in- 
dustrious and  learned  lawyer,  then  reporter  of  the  su- 
preme court.  This  appointment  was  also  deemed  a  judi- 
cious one  and  was  well  received. 

Before  the  adjournment  of  the  two  houses,  a  Jackson 
legisative    caucus  was  held,    at  which   they  appointed  a 


1828.]  OF   NEW- YORK.  281 

convention  to  be  held  in  Heikiraer  on  the  fourth  Wed 
nesday  in  September,    for  the  purpose  of  nominating  a 
governor  and  heutenant  governor.     The  same  party,  by  a 
legislative  caucus  on  the  31st  Ja'feuary,  nominated  General 
Jackson  for  president. 

The  legislature  adjourned  on  the  21st  of  April  to  the 
9th  of  September,  at  which  time  they  proposed  resuming 
the  revision  of  the  laws. 

On  the  afternoon  of  the  day  of  the  adjournment,  the 
Adams  democratic  members  of  the  legislature  held  a  meet- 
ing at  Knickerbacker  hall  in  Albany,  of  which  General 
Porter  was  chairman,  and  Reuben  Sanford  of  the  senate 
secretary.  The  meeting,  I  believe,  was  not  numerously  at- 
tended, but  I  perceive  from  the  account  of  their  proceed- 
ings, the  respectable  names  of  Ambrose  L.  Jordan,  Charles 
H.  Carroll,  Robert  C.  Nicholas,  Arunah  Metcalf,  Luther 
Bradish  and  Ezra  C.  Gross,  are  mentioned  as  persons  pre- 
sent. The  meeting  adopted  and  published  an  address  to 
the  public,  of  a  character  somewhat  inflammatory,  an(^ 
containing  a  very  bitter  attack  upon  Gen.  Jackson. 

Soon  after  the  adjournment  of  the  legislature,  Mr. 
James  Barbour,  secretary  of  war,  was  appointed  minister 
to  London,  and  Gen.  Porter  was  made  secretary  of  war 
in  his  place.  This  appointment,  as  well  as  the  appoint- 
ment of  Judge  Rochester  on  the  Panama  naission,  was  en- 
tirely the  work  of  Mr.  Clay.  Both  appointments  were 
judicious.  Gen.  Porter  was  an  exceedingly  shrewd  and 
sagacious  man,  and  understood  well  the  course  which 
ought  to  be  pursued  by  the  government,  particularly  in 
this  state,  in  order  to  furnish  any  reasonable  hope  of  suc- 
cess. The  capital  error  of  the  national  administration 
was,  that  it  did  not  make  some  provision  for  Mt.-  McLean, 
and  commit  the  management  of  the  post-office  to  Genera 
Porter.  Through  the  strange  obliquity  of  mind  of  Mr- 
Adams,  the  department,  which  furnishes  the  only  means 


282  POLITICAL    HISTORY  [1828. 

to  the  national  admirnstration  of  making  itsf  If  fcK  among 
the  people,  was  permitteil  to  be  held  durinj/  his  whole  ad- 
minisli-ation,  if  not  by  a  political  opponent,  at  least  by  a 
man  who  was  quite  neutral,  and  who,  uncier  pretence  oi 
'mnartiality,  stood  so  erect  that  lie  leaned  against  the  ad- 
ministration of  which  he  ought  to  have  made  a  part 

Al)out  tiiis  time  the  office  of  treasurer  of  the  United 
States  became  vacant,  and  Chief  Justice  Savage  was  offered 
the  appoiniment,  which  after  several  days'  hesitation  he 
Jecliiu'i!. 

On  the  10th  of  June,  a  convention  of  delegates  from 
nearly  every  county  in  the  state  friendly  to  the  re-election 
of  ]\Tr.  Adams,  was  held  at  Albany.  The  late  Chief 
Justice  Spencer  attended  as  a  delegate  from  tiie  county  of 
Albany.  The  venerable  and  aged  Alexander  Coffin,  of 
Hudson,  was  chosen  president  of  the  convention,  and 
Robert  S.  Rose  of  Seneca,  and  P«.ter  Sharpe  of  New-York, 
were  secretaries.  I  observe  among  the  delegates  from 
New-York,  Samuel  B.  Romainc,  formerly  speaker  of  the 
assembly;  John  A.  King  from  Queens,  and  Micah  Erooks 
from  Ontario  county.  Some  of  the  delegates,  it  appear- 
ed, contemplated  at  this  convention  the  nomination  of  an 
Adams  candidate  for  governor,  but  a  large  majority  of  the 
convention  declintid  at  all  to  agitate  that  question.  They 
contented  themselves  by  making  speeches,  adopting  reso- 
lutions and  publishing  an  address  to  the  people  of  the 
state.  The  address  w.is  drawn  by  Gerrit  Smith,  Esq.  It 
was  a  very  \ov'j.  abb:  and  well  written  document;  but 
was  not,  in  my  jo'iiiment,  calculated  at  that  time  to  pro- 
duce much  impression  on  the  public  mind. 

Nearly  all  the  '■'■  /iigh-mi?idcd^^  federalists  who  were  in 
life  in  1828,  and  who  in  1820  joined  the  republican  party 
because,  as  they  alleged,  no  federal  party  then  existed,  sup- 
ported the  administration  and  re-election  of  Mr.  Adams. 
fnd/"d,  most  of  these  men  in  1824,  were  for  the  electiou 


J^~8.]  OF    NEW-YOKK.  283 

of*  Mr.  Adams,  ami  belonged  to  what  wa-j  ca'..cd  Ine  peo 
pie's  parly.  Tliey  continued  active  members  of  that  party 
until  alter  Mr.  Clinton's  nomination  for  governor,  (a 
nomination  which  they  warmly  opposed,)  when  ihey  gene- 
rally joined  the  opposition  against  him.*  It  is  a  remarka- 
ble fact,  that  this  corps  of  men  never  did,  nor  have  they 
ever  to  this  day,  acted  with  the  democratic  party,  except 
vi>en  that  party  was  at  war  with  Gov.  Clinton.  Does 
not  this  circumstance  afford  some  reason  to  suspect  that 
they  were  originally  influenced  by  personal  considera- 
tions ■] 

During  tlia  autumn  of  1827,  and  the  winter  of  1828, 
the  anti-moi-ons,  in  the  western  part  of  the  state,  had 
greatly  increased  in  numbers,  and  as  tlieir  numbers  in- 
ci eased,  the  excitement  on  that  subject  became  more 
intense,  and  they  very  early  manifested  a  determination  to 
carry  that  question  to  the  polls  of  election.  Of  their 
action  as  a  political  party,  I  have  spoken  in  another  place. 
At  present,  however,  it  is  necessary  to  suggest  that  they 
were  generally  opposed  to  the  Albany  Regency;  and  thit 
Mr.  Jackson  being  a  mason,  and  Mr.  Adams  not  being 
one,  they  nearly  unanimously  perferred  the  latter  to  ths 
former.  In  this  state  of  the  public  mind  in  western  New- 
York,  much  anxiety  was  expressed  by  the  members  of  the 
convention  which  met  on  the  tenth  of  June,  in  their  con- 
sultations with  each  other,  that  such  candidafes  for  gover- 
nor and  lieutenant  governor  might  be  selected  by  the 
Adams  party,  as  would  command  the  votes  of  the  anti- 
masons.  It  was  known  ih-^vt  the  anti-masons  would  hold 
a  convention  for  the  noramation  of  those  officers,  and 
many  were  of  opinion  that  the  Adams  party  bad  better  at 
once  adopt  their  nomination;  but  there  was  a  majority, 
who,  alarmed,  and  perhaps  prejudiced  by  the  representa- 
tions of  bigoted  and  narrow-minded  masons,  declared  they 
i,ou!J,upon  no  considerations,  agree  to  support  candidates 

•  Johf  L.  Wendell.  Esq.,  of  Alban     is  an  exceDtion. 


284  POLITICAL     HISTORT  [1828. 

who  should  be  first  nominated  by  an  anti-masonic  conven- 
cion.  A  large  proportion  of  the  June  convention  were 
for  selecting  Mr.  Granger,  who  had  now  become  an  avow- 
ed anti-mason,  as  the  candidate  for  g'overnor;  and  all  were 
for  supporting  him  for  governor  or  lieutenant  governor.  In 
order  to  get  the  start  of  the  anti-masons,  and  if  practica- 
ble, to  select  candidates  who  would  be  agreeable  to  them, 
the  convention  for  the  nomination  of  state  officers  was 
appointed  on  the  22d  of  July,  an  unusually  early  day. 
But  as  will  appear,  in  my  account  of  political  anti-masonry, 
that  party  were  not  to  be  caught  in  this  way.  They  held 
a  convention  before  the  time  appointed  for  the  Adams 
convention,  and  nominated  Francis  Granger  for  governor, 
and  John  Crary  for  lieutenant  governor.*  Both  these  gen- 
tlemen were  zealous  supporters  of  Mr.  Adams. 

The  Adams  state  convention  met  at  Utica  on  the  22d 
July,  and  was  organized  by  the  appointment  of  James 
Fairlie  of  New-York,  for  president,  and  Tilly  Lynde  of 
Chenango,  and  Thomas  Clowes  of  Rensselaer,  for  secre- 
taries. Mr.  Fairlie  had  been  an  officer  in  the  revolution- 
ary army,  was  an  old  and  respectable  citizen  of  the  city 
of  New-York,  and  was  clerk  of  the  supreme  court.  Mr. 
Lynde  had  been  a  state  senator,  and  a  long  time  a  member 
of  the  New-York  legislature.  Mr.  Clowes  was  a  young 
man  of  respectable  talents  and  great  energy  of  character. 
He  was  one  of  the  most  efficient  political  partizans  in  the 
city  of  Troy.  Notwithstanding  this  convention  was  com- 
posed of  a  majority  of  Clintonians,  (and  certainly  the 
Clintonians  constituted  a  large  majority  of  the  Adams 
party  in  the  state,)  it  is  worthy  of  remark,  that  all  its  offi- 
cers were  taken  from  the  party  to  which  the  Clintonians 
had  formerly  been  opposed.  The  object  was  to  make  an 
impression  on  the  Van  Buren  party,  of  which  the  officers 
elect  of  the  convention  had  been  members.  This  is  a 
common  contrivance,  but  I  do  not  believe  that  it  generally 

*  Ttiis  is  an  error.    The  anti-n):isonic  was  h<»l(l    nftcr  the  Adams  convention. 


1828.]  OF  NEw-yoRK.  285 

produces  the  effect  intended.  It  is,  1  may  say,  now  al- 
ways regarded  as  "  a  thing  devised  by  the  enemy,"  and  in 
my  judgment  is  justly  considered  as  rather  an  evidence  of 
conscious  weakness  than  of  strength. 

After  some  consultation  with  each  other,  the  convention 
nominated  Smith  Thompson,  then  and  now  an  associate 
judge  of  the  supreme  court  of  the  United  States,  for  gov- 
ernor, and  Francis  Granger  for  lieutenant  governor. 

No  objection  could  be  made  against  either  the  talents  or 
public  or  private  character  of  Judge  Thompson,  nor  could 
he  be  charged  with  the  sin  of  feis^-alisra;  but  it  was  urged 
by  the  Jackson  party,  and  with  great  force  too,  that  the 
people  of  New-York,  by  the  constitution  which  they  had 
recently  so  unanimously  adopted,  had  declared  that  » 
judge  holding  his  office  during  good  behavior  ought  not  to 
be  a  candidate  for  an  elective  office.  Judge  Thompson, 
however,  accepted  the  nomination,  and  consented  to  stand 
a  candidate. 

Mr.  Granger's  acceptance  of  his  nomination  was  de- 
layed until  the  30th  of  August.  The  Jackson  newspa- 
pers, in  consequence  of  this  long  delay,  charged  Mr. 
Granger  with  chaffering  and  bantering  between  the  ad- 
ministration and  anti-masonic  parties.  This  charge  was 
not  well  founded.  Mr.  Granger  early  informed  his  anti- 
masonio  friends  that  he  would  not  consent  to  be  their  can- 
didate for  governor.  And  when  nominated  for  lieutenant 
governor  by  the  Adams  convention,  he  manifested  to  the 
secretary  of  the  state  corresponding  committee  at  Albany, 
his  readiness  to  accept  that  nomination  if  Mr.  Crary 
would  decline  the  nomination  for  the  same  office  by  the 
anti-masons.  If  Mr.  Crary  was  a  candidate  in  connection 
with  Mr.  Southwick,  who  had  been  nominated  by  the 
anti-masons  for  governor,  the  deftat  of  the  election  of 
both  was  morally  certain;  on  the  other  hand,  if  Mr.  C 
withdrew  his  name,  it  was  highly  probable,  and  the  eveiil 


286  POLITICAL    HISTORY  [1828, 

showed  that  it  was  certain,  that  Mr.  Granger  would  be 
elected.  In  case  Crary  refused  to  decline,  Granger  ex- 
pressed a  desire  not  to  be  a  candidate.  This  course  of 
Mr,  Granger  appeared  to  the  committee  perfectly  reason- 
able, and  as  they  believed  Mr,  Crary  to  be  anxiously 
desirous  to  prostrate  the  Albany  Regency  and  promote 
the  election  of  Mr.  Adams,  they  did  not  doubt  he  would 
take  the  earliest  opportunity  to  decline.  That  he  might 
be  fully  informed  of  the  real  situation  of  things,  the  com- 
mittee requested  Mr.  Samuel  Stevens,  who  then  resided  in 
the  same  vil.age  with  Mr,  Crary,  but  who  happened  to  be 
in  Albany,  to  call  on  him  immediately  on  his  return  and 
procure  his  declension,  Mr.  Stevens  did  call  on  Crary, 
and  forthwith  wrote  to  his  friends  in  Albany  that  he  had 
had  an  interview  with  Crary;  that  he  was  perfectly  willing 
to  decline,  but  that  as  Mr.  Granger  had  by  the  anti-ma- 
sons been  nominated  to  the  higher  office,  (that  of  gover- 
nor,) it  would  be  more  decorous  that  his  declension  should 
first  be  published.  This  answer  was  communicated  to 
Mr.  Granger,  who  forthwith  caused  his  declension  of  the 
anli-raasonic  nomination  to  be  published.  He  then  looked 
and  waited,  but  looked  and  waited  in  vain  for  Mr.  Crary's 
declension — Mr.  Crary  did  not  decline.  That  I  have  sta- 
ted the  facts  correctly,  appears  by  letters  now  before  me 
from  Mr,  Granger  and  others,  which  I  received  as  secre- 
tary of  the  Albany  committee. 

It  was  perfectly  well  known  at  that  time  that  Mr.  Van 
Buren  would  be  the  Jackson  camlidate  for  governor  :  it 
was  also  known  that  Southwick  would  receive  nearly  all 
the  anti-masonic  votes  for  that  office,  and  that  he  would 
not  decline.  It  was  likewise  as  well  known  then  as  six 
months  afterwards,  that  if  Jackson  wa*^  elected  president, 
of  which  all  admitted  the  great  probability,  Mr.  Van  Bu- 
ren would  be  made  secretary  of  state,  which  would  cast 
OD  the  lieutenant  governor  to  be  elected,  the  executive  au- 


1828.] 


OF   NEW-YORK. 


287 


thority  ;  hence  all  intelligent  men  foresaw  that  the  elec- 
tion of  lieutenant  governor  would  in  fact  be  the  election 
of  a  governor  of  the  state.  And  yet  Mr.  Crary,  after 
these  views  had  been  fully  presented  to  him — he  at  the 
same  time  professing  a  decided  hostility  to  the  Albany 
Regency,  and  knowing,  as  he  must  have  known,  (unless  he 
possessed  a  greater  share  of  stupidity  than  either  the  char- 
it)  of  his  friends  or  the  malice  of  his  enemies  can  accord 
to  him,)  that  he  could  not  himself  be  elected,  and  also 
knowing  that  his  continuing  to  be  a  candidate  would  en- 
sure the  election  of  a  regency  executive — in  violation  of 
his  promise  to  Mr.  Stevens,  after  Mr.  Granger  had  accept- 
ed the  nomination  of  the  Ad-ams  convention,  published  his 
acceptance  of  the  anti-masonic  nomination  !  This  man 
was  dubbed  by  the  anti-masonic  papers  during  the  can- 
vass, by  the  appellation  of  "  Honest  John  Crary. ''^  What 
influence  may  have  been  brought  to  bear  upon  him, 
or  under  what  strange  delusion  he  acted,  no  man  can 
tell. 

The  Jackson  party  with  great  unanimity  agreed  to  sup- 
port Mr.  Van  Buren  as  their  candidate.  It  might,  per- 
haps, at  that  time  have  been  difficult  for  them  to  have 
agreed  cordially  on  any  other  candidate,  putting  Mr.  Van 
Buren  out  of  view,  as  there  were  several  other  gentlemen 
whose  standing  and  claims  on  the  support  of  the  party 
were  nearly  equal.  What  probably  induced  a  more  ready 
acquiescence  in  the  support  of  iMr.  Van  Buren  was,  that 
it  was  known  if  elected  he  would  serve  but  a  very  few 
months.  The  great  question  was,  who  should  be  lieutenant 
governor  ?  Gen.  Pitcher  claimed  to  be  a  candidate  for  re- 
lection.  He  had,  when  the  question  of  his  election  was 
doubtful,  been  the  candidate  of  the  party,  and  it  was  hp. 
cause  he  was  their  candidate  that  they,  as  he  believed^ 
achieved  success  and  enjoyed  the  patronage  which  belonged 
to  the  executive  to  distribute  for  the  current  legislative  year. 


288  POLITICAL    HISTORY  [1828. 

Mr.  Pitcher  was  not  obnoxious  to  the  charge  of  any  political 
sin  ;  the  measures  which  he  had  recommended,  had  met 
with  universal  approbation,  and  his  appointments  had 
been  such  as  would  have  done  honor  to  any  executive. 
These  claims  were  all  well  founded,  and  in  ordinary  times, 
no  reasonable  man  would  have  resisted  his  re-nomination; 
but  as  I  have  before  remarked,  it  was  well  known  that  the 
lieutenant  governor  would  be  the  acting  governor  ;  and 
the  leading  Jackson  men  did  not  consider  that  Mr.  Pitch- 
er's education  and  talents  qualified  him  for  the  office  of 
governor  of  this  great  stat-e.  I  believe  this  to  be  the  true 
state  of  the  case,  although  Mr.  Pitcher,  I  have  no  doubtj 
believed,  and  some  of  his  friends  affected  to  believe,  that 
the  reason  why  his  re-nomination  was  opposed,  was  be- 
cause he  was  not  sufficiently  subservient  to  the  Albany 
Regency.  I  was  the  personal  though  not  the  political 
friend  of  Gen.  Pitcher,  and  I  therefore  claim  to  judge 
at  least  impartially  between  him  and  his  political  asso- 
ciates.    [See  JVote  E.] 

Mr.  Van  Buren  had,  during  the  summer  of  1828,  made 
a  tour  to  the  west,  and  had  visited  Mr.  E.  T.  Throop, 
and  spent  some  time  with  him  at  his  residence  on  the 
Owasco  lake.  It  was  charged  in  the  Adams  papers,  that 
during  that  visit,  it  was  decreed  that  Pitcher  should  not, 
and  that  Throop  should  be  supported-  and  that  the  Her- 
kimer convention  merely  registered  the  decree.  But  how- 
ever this  may  be,  the  Herkimer  convention  did  nominate 
Mr.  Van  Buren  for  governor,  and  Judge  Throop  for  lieu- 
tenant governor,  with  considerable  unanimity. 

This  act  of  ingratitude,  as  General  Pitcher  considered 
it,  and  seems  to  me,  had  a  right  so  to  consider  it,  made  so 
deep  an  impression  on  his  feelings,  that  he  could  never 
forgive  the  party  who  was  guilty  of  it.  From  that  mo- 
ment and  until  the  dn.y  of  his  death  he  opposed  them. 


1828.] 


OF    NEW- YORK. 


281) 


In  the  latter  part  of  August.  John  Wooduorth  became 
constitutionally,  by  reason  of  age,  ineligible  to  hold  the 
office  of  a  judge  of  the  supreme  court,  and  accordingly 
resigned.  Gov.  Pitcher  appointed  in  his  place  William 
L.  Marcy,  then  comptroller  of  the  state.  The  selection 
was  very  satisfactory  to  the  bar,  as  well  as  to  the  demo- 
cratic part)^ 

A  few  days  before  the  election,  Mr.  Throop  resigned 
his  office  as  circuit  judge,  and  the  senate  being  then  in 
session,  Mr.  Pitcher  sent  to  them  the  name  of  Daniel 
Moseley  as  the  successor  of  Throop.  The  senate,  as  I 
think,  rather  uncourteously,  refused  to  act  on  that  or  any 
other  nomination  until  the  first  of  January  should  arrive, 
when  the  new  governor  would  come  into  power. 

The  result  of  the  election  did  not  afford  to  the  Jackson 
party  so  splendid  a  triumph,  as  from  the  preceding  annual 
election  and  from  their  great  efforts,  they  probably  antici- 
pated.* The  state  of  New-York  was  entitled  to  thirty-six 
electors  for  president  and  vice-president ;  and  by  the  law 
as  it  then  was,  thirty-four  of  the  electors  were  to  be  chosen 
in  the  congressional  districts,  who  were,  when  they  met, 
to  form  an  electoral  college,  and  in  that  capacity  were 
authorized  to  appoint  two  electors  to  make  up  the  com- 
plement. Eighteen  electors  were  chosen  by  the  people 
of  the  state  favorable  to  Jackson,  and  sixteen  in  favor  of 
Adams.  Of  course,  when  the  electoral  college  was  organ- 
ized, and  the  two  additional  electors  chosen,  there  were 
twenty  for  Jackson,  and  sixteen  for  Adams. 

The  election  for  governor  and  lieutenant  governor 
proved  to  be  a  very  close  contest,  and  had  not  the  anti- 
masons  voted  for  Southwick  and  Crary,  Van  Buren  and 
Throop  would  probably  have  been  defeated.  New-York 
and  the  old  southern  district  gave  a  very  strong  vote  for 
the  Jackson  candidates  ;  Dutchess  county  gave  them  a  ma- 
jority of  about  one  thousand  three  hundred,  and  the  ma- 

»  See  note  P. 


290  POLITICAL    HISTCRT  [182S. 

jorlty  in  Ulster  county,  if  I  recollect  rightly,  was  nearly 
two    thousand.      The    influence    of    Judge    Oakley    and 
Charles  H.  Rufrffles,  together  witli  the  influence  of  N.  P. 
Tallmadne,  all  of  whom  had  heretofore  acted  against  the 
Albany  Regency,  probably  contributed  much  to  this  re- 
sult.    The  county  of  Cayuga  too,  at  the  west,  gave  an 
unexpectedly  large  Jackson  majority.     But   tl^  counties 
of  Albany,  Rensselaer^  Wasliington,  Saratoga,  St.  Law- 
rence, &r.,  some  of  them  contrary  to  the  expectations  of 
both  parties,  gave  Adams  m^ijorities.     In  Albany,  Judge 
Spencer  was  elected  to  congress  over  a  very  popular  op- 
ponent, and  Mr.  Van  Vechten  was  chosen   a    presidential 
elector   in    opposition  to  the  venerable  John  Tayler.     In 
Saratoga  and  Washington,  the    administration    majorities 
were  I-arge.     In  the  whole  state.  Van  Buren  received  one 
hundred  and  thirty-six  thousand  seven  hundred  and  eighty- 
three  votes  for  governor;  Thompson  one  hundred  and  six 
thousand  four  hundred  and  fifteen,  and  Southwick  thirty- 
three  thousand  three  hundred  and  thirty-five.     The  votes 
for  lieutenant  governor  were    nearly  in  ihe  same  propor- 
tion J    showing  evidently  that  had  Mr.  Crary  withdrawn 
bis  name,  Mr.  Granger  must  have  been  elected. 
The  senators  chosen  at  this  election  were: 
From  the  First  District,  Stephen  Allen, 
"  Second     do.,    Samuel  Rcxford, 

"  Third        do.,    Lewis  Eaton, 

"  Fourth      do.,   John  M'Lean, 

"  Fifth         do.,    William  H.  Maynard, 

"  Sixth         do.,   John  F.  Hubbard, 

"  Seventh     do.,    Hiram  F.  Mather, 

"  Eighth      do.,    George  H.  Boughton  and 

M0G03  Hay  den. 
Mr.  McLean  was  from  Washington  county,  and  chosen 
as    an    Adams    man,    though    he    afterwards,  when    the 
anti-masons  exhibited    themselves    in    the    legislature   as 


1828.]  :.i?  NEW-YOKK.  291 

a  distinct  political  party,  acted  with  the  Jackson  par- 
ty.  Messrs.  Maynard,  Mather,  Boughton,  and  Hay- 
den  were  anti-masons.  It  thus  appears  that  but  four 
of  the  eight  senatorial  districts  elected  Jackson  sena- 
tors. 


2<J2  POLITICAL    HISTORY  [1829. 

CHAPTER  XXXV. 

FROM  JANUARY  1,  1929,  TO  JANUARY  1,  1830. 

On  the  first  day  of  the  meeting  of  the  legislature,  Mr. 
Jordan  resigned  his  seat  in  the  senate.  The  reason  he 
assigned  for  resigning,  was  that  his  private  affairs  and  pro- 
fessional business  demanded  the  whole  of  his  time  and  at- 
tention. He  said,  "The  important  business  of  the  extra 
session,  and  the  hope  of  being  able  to  remain  in  the  unre- 
mitted discharge  of  his  official  duty  until  the  revision  of 
the  laws  was  completed,  alone  controlled  his  judgment  in 
not  taking  that  step  in  time  to  have  the  vacancy  filled  at 
the  last  election."  It  is,  however,  very  probable  that  the 
election  to  which  he  referred  having  resulted  in  such  a 
manner  as  to  leave  his  party  in  a  hopeless  minority  in  the 
state  and  nation,  had  also  some  effect  in  inducing  in  his 
mind  a  determination  to  quit  the  political  field.  Mr.  Jor- 
dan was  a  talented  and  useful  member  of  the  senate  ;  but 
while  his  withdrawal  from  public  life  was  a  loss  to  that 
body,  the  increase  of  his  professional  business  which  fol- 
lowed, rendered  that  withdrawal  beneficial  to  himself. 
The  senate  received  a  great  accession  of  talent  by  the 
election  of  Mr.  Maynard  as  one  of  its  members.  Amia- 
ble and  benevolent  in  private  life,  courteous  in  debate,  and 
possessing  talents  of  the  highest  order,  he  soon  acquired, 
considering  him  in  a  small  political  minority,  a  high  and 
commanding  influence  in  the  legislature. 

There  was  a  falling  oflfof  talent  in  the  assembly.  Gen. 
Root  was  not  re-elected ;  he  was  not,  I  believe,  a  can- 
didate for  a  re-election.  The  leading  democratic  mem- 
bers returned  were  A.  C.  Paige,  from  Schenectady ;  Abi- 
jah  Mann,  jun..  from  Herkimer;  J.  B.  Skinner,  from  Gen- 


~ 


1829.]  OP    NEW-YORK.  293 

esee,  (elected  as  an  anti-mason,)  and  Stoddard  Judd,  from 
Dutchess  county.  Several  of  the  western  counties  were 
represented  by  anti-masons  ;  and  among  the  most  promi- 
nent of  them  were  Millard  Filmore,  from  Erie  ;  Philo  C. 
Fuller  of  Livingston,  and  Robert  C.  Nicholas  of  Ontario. 
Mr.  Granger  having  been  a  candidate  for  lieutenant  gov- 
ernor, was  of  course  not  returned.  Of  the  Adams  party 
proper,  Luther  Bradistj,  of  Franklin  ;  E.-  C.  Gross,  of 
Essex,  and  Chandler  Starr,  of  Albany,  were  among  the 
most  distinguished  of  that  political  sect  in  the  assembly. 

Peter  Robinson,  from  Broome  county,  a  discreet  man, 
but  of  very  ordinary  capacity,  was  elected  speaker.  His 
nomination  for  that  office  was  probably  caused  by  means 
of  the  Chenango  and  other  lateral  canal  influence. 

Mr.  Van  Buren's  message,  like  others  of  the  annual 
executive  messages  since  the  year  1818,  except  those  of 
Gov.  Yates,  was  too  long. 

In  his  exordium,  he  very  handsomely  compliments  Mr. 
Clinton,  and  speaks  in  the  most  respectful  terms  of  his 
talents  and  services.  He  occupies  too  much  time  in  get- 
ting at  the  real  object  of  an  executive  communication; 
and  as  every  one  knew  the  brilliant  political  prospects 
that  had  then  evidently  opened  upon  him,  he  talks  so 
much  about  his  "humble  efforts,"  and  "the  humblest 
instrument,"  &c.,  and  indeed  humbles  himself  so  grace- 
fully, that  the  public  could  hardly  avoid  charging  him 
with  an  affectation  of  humility  which  he  did  not  feel. 

He  speaks  of  the  numerous  applications  which  had  been 
made  to  him  to  recommend  to  the  legislature  various 
canals  and  other  internal  improvements  to  be  made  at  the 
public  expense.  With  respect  to  these  applications,  he 
proposes  the  following  as  the  proper  rule  to  regulate  the 
action  of  the  legislature.  The  state  ought  to  apply  such 
portion  of  its  means  (including  a  judicious  use  of  us 
credit)  as  could  be  spared  from  other  necessary  objects  to 


294  POLITICAL     HISTORY  [1829. 

works  of  internal  improvement ;  and  he  mentions  several 
projected  canals,  but  he  is  silent  on  the  question  whether 
all  or  any  of  them  ought  to  be  made.  Now,  it  strikes 
me,  that  at  a  time  when  the  public  mind  had  been,  to  say 
the  least,  over  excited  by  the  ardent  and  enthusiastic 
representations  of  Mr.  Clinton  ;  when  all  men  were  dazzled 
and  bewildered  by  the  splendid  revenue  which  was  antici- 
pated from  the  Erie  canal,  if  Mr.  Van  Buren  then  thought, 
that  that  was  the  moment  for  the  state  to  pause  in  its 
expenditures,  and  pay  off  its  debt  before  it  assumed  any 
additional  responsibilities ;  and  that  after  its  debt  should 
be  paid,  then  to  apply  its  surplus  revenue  to  the  making 
further  improvements,  he  ought  to  have  said  so  in  plain 
terms.  Instead  of  this,  he  advised  the  legislature  to  ap- 
ply such  portion  of  the  means  of  the  state  as  could  he 
spared  from  other  necessary  objects,  to  works  of  internal 
improvements,  &c.  Now,  this  was  non-co7nmittaUsm  in 
its  very  spirit.  It  was  an  authority  for  making  the  Che- 
nango canal,  and  it  was  an  authority  against  it.  The 
Delphic  Oracle  never  spoke  more  enigmatically. 

On  the  subject  of  banking  and  the  currency,  the  gover- 
nor's views  were  exceedingly  able  and  judicious,  and  they 
were  communicated  with  great  clearness.     He  said, 

"Of  the  forty  banks  now  in  operation  in  this  state,  the 
charters  of  thirty-one  expire  within  one,  two,  three  and 
four  years,  but  chiefly  within  two  and  three  years.  From 
the  best  information  that  can  be  derived  from  the  returns 
made  by  the  banks  whose  charters  are  about  to  expire, 
their  collective  capital  actually  paid  in,  amounts  to  fifteen 
millions  of  dollars  ;  and  the  debts  due  to  them,  to  more 
than  thirty  millions.  The  debts  due  from  these  institu- 
tions to  the  community,  including  their  stockholders,  may 
be  safely  estimated  at  about  the  same  amount." 

He  suggests  evils  that  would  result  from  compelling 
these  institutions  to  wind  up  their  concerns  by  a  refusal  to 


1829.]  OV    NKW-YORK.  295 

re-charter  such  of  them  as  had  conducted  in  confornnity 
with  the  spirit  of  their  charter  ;  he  points  out  the  inconve- 
nience which  would  accrue  fron:i  permitting  so  many  of 
these  applications  to  remain  long  before  the  legislature 
undecided  ;  and  he  recommends  a  final  disposition  of  the 
subject  as  early  as  possible.  He  states  that  a  plan  had 
been  communicat(;d  to  him,  which,  if  substantially  adopt- 
ed, might,  in  his  judgment,  materially  improve  the  bank- 
ing system  in  the  state.  "The  limits  of  this  communica- 
tion," said  the  governor,  "  will  not  allow  me  to  do  justice 
to  its  details,  or  to  the  argument  by  which  it  is  supported. 
It  proposes  to  make  all  the  banks  responsible  for  any  loss 
the  public  may  sustain  by  the  failure  of  any  one  or  more 
of  them.  It  suggests  provisions  by  which  that  result  may 
be  reached,  as  far  as  it  respects  the  banks  whose  charters 
are  about  to  expire,  and  be  ultimately  made  universal,  or 
nearly  so." 

Heretofore  the  sales  at  auction  of  all  imported  goods 
had  been  restricted  to  officers  appointed  by  the  state  go- 
vernment. This  gave  a  complete  monopoly  of  the  auction 
business  to  those  officers.  Mr.  Van  Buren  had  the  spirit 
and  independence  to  recommend  the  abolition  of  this 
monopoly,  and  to  throw  open  to  free  competition  the  auc- 
tion business  to  all  persons  who  would  give  the  proper 
security  for  the  faithful  and  punctual  payment  of  the  du- 
ties to  the  state. 

He  points  out  the  evil  of  mingling  in  the  same  election 
the  choice  of  state  and  national  officers,  and  recommends 
that  they  be  chosen  on  different  days.  The  reasons  h? 
assigns  for  this  recommendation  are,  in  my  judgment,  very 
cogent ;  and  it  is,  I  think,  to  be  regretted  that  it  has  not 
to  this  day  been  adopted.  He  advises  the  repeal  of  the 
district  system,  and  the  choice  of  presidential  electors  by 
general  ticket. 


296  POLITICAL       HISTORY  [1829. 

He  adverts  to  the  necessity  of  further  legislation  to 
preserve  the  purity  of  elections,  and  urges  with  great 
force  and  propriety  the  duty  of  the  legislature  to  pass  a 
law  prohibiting  all  expenditure  of  money  at  elections,  ex- 
cept to  defray  the  expense  of  printing.  This  recommend- 
ation was  carried  into  full  effect  during  the  session. 

The  message  presented  a  very  clear  and  distinct  ac- 
count of  the  finances  of  the  state,  of  its  public  works,  its 
literary  and  charitable  institutions,  and  concluded  by  a 
very  proper  and  exceedingly  handsome  allusion  to  the  tri- 
umph, at  the  last  election,  of  the  party  to  which  ^Ir,  Van 
Buren  belonged.  He  does  not  manifest  the  bast  dispo- 
sition to  exult  over  his  opponents.  He  speaks  of  them 
in  the  most  kind  and  respectful  manner.  He  laments  the 
excessive  excitement  which  had  been  produced  by  the 
collision  of  the  parties,  and  concludes  by  saying  :  "  It  is 
certainly  true,  that  the  reputation  of  the  country  has  in 
some  degree  sufl^ercd  from  the  uncharitable  and  unrelent- 
iucr  scrutiny  to  which  private  as  well  as  public  character 
has  been  subjected.  But,  on  the  other  hand,  the  injury 
produced  by  tliis  discreditable  exhibition  has  been  reliev- 
ed, if  not  removed,  by  seeinji  how  soon  the  overflowing 
v.aters  of  bitterness  have  spent  themselves,  and  that  al- 
ready the  current  of  public  feeling  has  resumed  its  accus- 
tomed channels.  These  excesses  are  the  price  we  pay  for 
that  full  enjoyment  of  the  right  of  opinion,  which  is  em- 
phatically the  birthright  of  an  American  citizen.  It  is 
with  perfect  deference  to  that  sacred  privilege,  and  in  the 
humble  exercise  of  that  portion  of  it  which  belongs  to 
jY^vself — with  a  sincere  desire  not  to  otfend  the  feelings  of 
those  whose  views  in  this  respect  differ  from  my  own — 
that  I  beg  leave  to  congratulate  you,  and  through  you, 
our  constituents,  on  the  result  of  the  late  election  for  pre- 
sident and  vice  president  of  the  United  States :  A  result 
which,  while  it  infuses  fresh  vigor  into  our  political  sys- 


1829.]  OF    NEW- YORK.  291 

tem  and  adds  new  beauties  to  the  repunlican  rharactrr, 
once  more  refutes  the  odious  imputation  ihert  republics  arc 
ungrateful;  dissipates  the  vain  hope  that  our  citizens  jcan 
be  influenced  by  aught  save  appeals  to  their  understand- 
ing and  love  of  country;  and  finally,  exibits,  in  bold  re- 
lief, the  omnipotence  of  public  opinion,  and  the  futility 
of  all  attempts  to  overawe  it  by  the  denunciations  of 
power,  or  to  seduce  it  by  the  allurements  of  patronage." 

It  is  well  known  that  Mr.  Van  Buren  is  a  self  educa- 
ted man — and  yet  there  is  a  neatness,  clearness  and  sim- 
plicity combined  with  an  unostentatious  elegance  in  his 
style  which  I  very  much  admire.  The  message,  both  in 
style  and  matter,  is  highly  creditable  to  the  author  and 
the  state,  and  notwithstanding  the  defects  in  it  at  which  I 
have  hinted-,  it  is  among  the  best,  if  not  the  best  execu- 
tive message  ever  communicated  to  the  legislature  of  this 
state. 

The  recommendation  of  Mr.  Van  Buren  of  a  reformed 
sj'stem  of  banking,  in  the  message  at  which  I  have 
glanced,  was  soon  followed  by  a  special  message,  which 
contained  the  details  of  the  plan  to  which  he  alluded.  As 
upon  this  plan  was  founded  the  general  banking,  or  as  it 
is  now  called,  the  safety  fund  bill,  which  was  passed  into 
a  law;  and  as  that  was  the  principal,  and,  indeed,  the  only 
important  measure  in  which  he  had  an  active  agcnc  y,  and 
which  was  adopted  during  his  short  administration,  I  will 
proceed  immediately  to  present  to  the  reader  a  succinct 
account  of  it:  Joshua  Forman,  Esq.,  a  gentleman  who 
had  resided  many  years  in  the  county  of  Onondaga,  but 
who  had  lately  removed  to  the  southern  part  of  iite  state, 
and  then  lived  in  the  neighborhood  of  New-York,  who 
was  bred  a  lawyer,  and  while  he  lived  in  Onondaga  had 
been  prin(npally  engaged  in  the  practice  of  his  profession, 
claimed  to  be,  and  no  doubt  was,  the  original  inventor  of 
the  scheme  on  which  the  safety  fund  statute  was  baseu 


298  POLITICAL    HISTORY  [1829. 

Mr.  Foinian  was  by  nature  a  projector.  He  had  invent- 
ed many  iinj)rovfiuLnts  in  the  nianufaclure  of  salt,  particu- 
larly the  mode  of  manufacturing  in  the  peculiar  manner  it 
is  (lone  by  solar  evaporation  at  the  village  of  Syracuse. 
Indeed,  that  flourishing  village,  destined  at  no  distant  pe- 
riod to  become  a  large  inland  city,  owes  to  his  enterprising 
genius  and  spirit  its  origin,  and  in  a  great  degree  its  pre- 
sent prosperous  condition.  He  was  also  among  the  first 
projectors  and  efficient  supporters  of  the  Erie  c^nal.  He 
communicated  his  sciieme  of  banking  to  Dr.  Isaac  Bron- 
son,  formerly  of  Bridgeport  in  Connecticut,  then  of  the 
city  of  New-York,  a  man  of  vigorous  intellectual  pow- 
ers, a  shrewil  and  sagacious  financier,  and  an  experienced 
and  successful  banker.  The  discerning  minti  of  D^  Bron- 
son  soon  led  him  to  approve,  in  substance,  of  iMr.  Forij»an's 
plan.  The  plan  originally  formed  was,  that  all  the  incor- 
porated banking  comj)anies  in  the  state  should  be  formed 
into  an  association,  so  far  as  that  all  the  companies  should 
be  liable  for  the  responsibilities  assumed  by  each,  and  yet 
the  property  and  profits  held  and  made  by  the  respective 
companies  should  belong  to  them  in  severally.  It  was 
substantially  placing  the  banks  of  this  state  on  the  same 
footing  witii  respect  to  themselves  and  the  public  as  the 
law  of  China  placed  the  Hong  Merchants.  This  project 
was  submitted  by  Mr.  Foriuan  and  Dr.  Bionson  to  several 
of  the  most  distinguished  capitalists  and  bankers  in  the 
city  of  New- York,  and  at  first  it  received  their  approba 
lion.  Mr.  Fornian,  before  the  meeting  of  the  legislature, 
came  to  Albany  and  submitted  his  plan  to  Mr.  Van  Buren, 
who  not  being  himself  versed  in  the  mysteries  of  bankinoTj 
referred  it  to  Thomas  W.  Olcott,  Esq.  then  cashier  of  the 
Mechanics'  and  Farmers'  Bank  in  Albany.  He  could  not 
have  selected  a  more  safe,  able  and  judicious  adviser.  I 
need  not  inform  the  reader,  that  Mr.  Olcott  was  a  man  of 
great  native  sagacity,  possesaing  a  clear,  slroii/^  and  dis 


1829.]  OF    MOW-YORK.  200 

criminating  mind,  capable  of  discerning  almost  intuitively 
the  effect  and  final  result  of  any  given  llnancial  ojx.-ration, 
liberalized  and  enlarged  by  much  thinking  and  rellectiun, 
and  improved  by  many  years'  active  experieiicc  at  the 
head  of  a  leading  moneyed  institution  in  Albany  ;  a  situa- 
tion which  rendered  him  intimately  acquainted  with  ihe 
working  of  the  system  of  banking,  as  well  in  the  comme* 
cial  metropolis  as  of  the  various  smaller  banking  compa- 
nies at  the  west  and  in  the  interior  of  the  state. 

Mr.  Olcott,  at  first  view  of  the  scheme  of  Mr.  Forman, 
discovered  that  cautious  and  careful  banking  companies 
never  would  consent  to  make  themselves  liable  for  the 
performance  of  the  contracts  of  the  various  banks  scat- 
tered over  this  great  state,  from  Long  Island  to  Lake  Eric  ; 
and  yet  he  was  struck  with  the  great  benefits  which  would 
result  to  the  public  by  the  adoption  of  some  plan  which 
would  render  it  the  interest  of  each  bank  to  sustain  the 
credit  of  all  other  banks  ;  and  it  was  to  his  skill  and  sa- 
gacity, aided  by  his  experience  and  influence,  in  connec- 
tion with  the  personal  influence  among  the  members  of 
the  legislature,  of  j\Ir.  Benjamin  Knower,  and  a  few  other 
intelligent  and  patriotic  bankers,  that  the  New-York  pub- 
lic are  indebted  for  the  most  perfect  system  of  chartered 
banking  which  ever  was  invented.  The  public  are  well 
acquainted  with  the  leading  features  of  the  safety  fund 
law.     Some  of  its  benefits  are — 

1.  It  affords  reasonable  security  to  the  bill  holder,  by 
requiring  the  actual  payment,  by  the  stockholders,  of  the 
whole  bank  capital ;  by  restricting  the  issues  of  banks  to  a 
moderate  amount,  and  by  providing  a  fund,  the  preserva- 
tion of  which  is  guarantied  by  the  state  for  the  payment 
of  the  dishonored  bills  of  individual  banks. 

2.  It  is  safe  for  solvent  banks,  because  in  no  event  can 
they  be  required  to  pay  more  than  one-half  of  one  per 
cent  annually,  on  their  capital,  to  make  good  the  deficien- 


300  POLITICAL    HISTORY  [1829. 

cies  of  insolvent  banks ;  whereas  in  sonne  of  the  states, 
banks  are  required  to  pay  one  per  cent  on  their  capital 
annually,  to  the  state  treasury,  as  a  bonus  for  their  exclu- 
sive privileges ;  and  because  the  law  provides  for  the  ap- 
pointment of  bank  comnnissioners,  authorized  and  required 
frequently  to  exannine  into  the  condition  of  every  bank  in 
the  state,  and  by  the  aid  of  the  chancellor  to  suspend  the 
operations  of  all  such  banks  as  they  may  have  reason  to 
believe  are  making  improvident  issues. 

3.  It  is  beneficial  to  the  banks,  because  their  success 
depends  upon  acquiring  and  retaining  public  confidence  in 
their  ability  and  punctuality  ;  and  this  system  furnishes  a 
sure  and  permanent  foundation  for  such  confidence.  It  is 
bimeficial  to  the  people,  because  the  system,  besides  the 
security  which  it  affords  to  the  bill  holders  renders  it  the 
interest  of  every  bank  to  support  the  credit  of  all  banks. 

When  the  plan  was  submitted  to  the  assembly,  it  en- 
countered a  fierce  opposition.  Some  of  the  members 
probably  opposed  it  because  it  came  from  Mr.  Van  Buren  ; 
others  were  alarmed  at  the  innovation,  and  viewed  with 
great  horror  any  experiments  upon  what  was  called  the 
currency  of  the  state  and  the  mode  of  banking;  while 
others,  and  probably  the  greater  number,  were  ir^fluenced 
by  the  New-York  banks  to  oppose  the  measure. 

The  b§nks  of  the  city  of  New- York  affected  to  view 
with  utter  aversion  a  system  which,  as  they  alleged,  would 
make  them  partners  of  the  country  banks.  They  regard- 
ed the  scheme  as  an  attempt  to  reduce  their  credit  to  a 
level  with  the  banks  of  the  country ;  whereas  the  effect 
would  be,  and  has  been,  to  elevate  the  credit  of  the  latter 
at  par,  (after  deducting  the  expense  of  transporting  specie 
from  the  country  banks  to  New-York,)  with  the  city  banks, 
without  depressing  the  credit  of  the  banks  of  the  city. 
They  were  disgusted  at  this  levelling  democratic  principle, 
when  applied  to  banks.     Even  some  of  those  New-York 


liiM^J.]  OF    NEW- YORK,  301 

gentlemen  who  had  spoken  favorably  of  the  measure  when 
it  was  first  proposed,  after  the  opposition  became  ardent 
and  general  in  that  city,  seemed  anxious  *o  conceal  their 
previous  knowledge  and  approbation  of  any  of  its  fea- 
tures. 

Mr.  Paige  of  Schenectady,  was  chairman  of  the  bank 
committee  of  the  assembly — and  to  his  talents,  address  and 
vigorous  efforts  the  public  are  greatly  indebted  for  the  pas- 
sage of  the  bill  through  that  house.  Indeed,  he  was  the 
author  of  several  valuable  improvements  of  the  lull  as  it 
was  originally  sketched  out  by  its  friends.  Mr.  Olcott 
continued  its  firm  and  fearless  supporter,  and  on  one  oc- 
casion he  told  Mr.  Van  Buren  that  "the  only  objection  to 
the  plan  was,  that  it  was  too  perfect^  This  declaration 
which  at  first  view  may  seem  absurd,  was  in  letter  and  in 
spirit  true,  and  a  very  few  years'  experience  proved  it  to 
be  so,  as  well  as  the  singular  sagacity  and  forecast  of  the 
author  of  it.  The  system  was  soon  found  to  be  so  advan- 
tageous to  bankers  themselves  that  it  produced  a  pressure 
on  the  legislature  for  charters  which  it  became  almost  im- 
possible to  resist,  and  in  fact  that  pressure  was  some  times 
so  great  that  charters  were  unwisely  and  improperly 
granted,  and  banks  were  multiplied  to  such  an  extent  that 
thewreck  of  the  whole  machinery  has  been  endangered  by 
its  own  enormous  weight. 

The  safety  fund  bill  finally  became  a  law,  and  tmder  it 
thirty-one  banks  were  re-chartered  during  this  session  of 
the  legislature.  But  the  banks  of  the  city  of  New-York 
refused  to  accept  charters  under  the  law.  Their  great  ob- 
jection was  founded  on  a  jealousy  of  the  soundness  and 
solvency  of  the  country  banks — a  jealousy  which  certain- 
ly existed  without  a  legitimate  cause.  True,  there  have 
oeen  banking  companies  formed  in  the  country  upon  an 
unsafe  and  unsound  basis — but  I  hazard  little  in  theasser- 
•.\im   that  in  general  the  country  banks  rest  upon  a  more 


302  POLITICA  ,    HISTORY  [1829 

safe  foundation  than  thosG  of  the  city.  The  present  is  not 
the  proper  time  or  place  to  prove  the  truth  of  this  posi- 
tion. 

It  is  unfortunate  for  the  state,  and  more  so  for  the  city 
of  New- York,  that  a  large  portion  of  their  most  estimable 
citizens,  and  especially  of  their  representatives  in  the 
legislature,  have  not  properly  appreciated  the  true  charac- 
ter of  the  banking  and  other  institutions  of  the  country, 
nor  have  they  in  general  judged  correctly  of  the  character, 
intelligence  and  principles  of  action  of  the  mass  of  the 
country  population.  The  citizen,  probably  unknown  to 
himself,  gradually  imbibes  the  false  notion  that  not  only 
capital  but  a  correct  knowledge  of  business  is  confined  to 
the  city.  This  impression,  especially  when  acting  as  a 
legislator,  frequently  leads  him  into  gross  errors. 

At  a  subsequent  session,  the  banks  of  New-York  were 
verv  dad  to  obtain  a  renewal  of  their  charters  under  the 
safety  fund  law. 

Although  Mr.  Van  Buren  can  not  and  does  not  claim 
to  be  the  originator  of  this  excellent  measure,  he  is  en- 
titled to  much  credit  for  having  the  sagacity  to  perceive 
its  utilitv,  and  the  independence  to  recommend  and  sup- 
port it.  Much  of  the  merits  of  a  statesman  depends  upon 
his  skill  in  selecting  proper  advisers  and  his  steadiness 
and  perseverance  in  following  good  advice.  It  was  by 
this  means  that  one  of  the  most  distinguished  sovereigns 
of  Great  Britain  merited  the  splendid  reputation  which 
she  acquired.  In  respect  to  this  important  measure,  Mr. 
Van  Buren  certainly  deserves  great  praise  for  the  selection 
of  counsellors,  and  for  the  fidelity,  skill  and  address  with 
which,  as  governor  of  the  state,  he  aided  in  giving  effect 
to  their  suggestions  and  advice. 

The  election  of  Mr.  Van  Buren  to  the  office  of  gov- 
ernor, necessarily  produced  his  resignation  as  a  senator  \\\ 
congress.     After  some  consultation,  Charles  E.  Dudley  of 


1829.]  OF    NEW-VORK.  303 

Albany,  lately  a  state  senator,  of  whose  amiable  disposi- 
tion and  excellent  private  character  I  have  heretofore  spo- 
ken, was  fixed  upon  as  his  successor,  Mr.  Dudley  was  a 
native  of  one  of  the  eastern  states,  I  believe  Rhode  Island, 
and  pretty  early  in  life  had  acquired  a  handsome  estate,  by 
a  very  successful  commercial  business.  He  had  connected 
himself  in  marriage  with  one  of  the  most  respectable  and 
ancient  families  in  Albany ;  and  by  his  courteous  deport- 
ment and  benevolent  conduct,  had  secured  the  esteem  and 
respect  of  all  with  whom  he  was  acquainted.  In  some 
respects  he  was  qualified  to  be  useful  as  a  member  of  the 
national  legislature.  He  was  well  acquainted  with  the 
banking  and  commercial  business  of  the  country.  His 
deportment  was  gentlemanly,  and  he  was  a  man  of  strict 
integrity  and  honor.  He  was  a  warm  personal  and  politi- 
cal friend  of  Mr.  Van  Buren.  He  was  not,  however,  dis- 
tinguished for  vigorous  mental  powers.  He  was  not  only 
indisposed,  but  incapable  of  taking  any  share  in  the  de- 
bates of  the  senate  ;  and  so  extreme  was  his  modesty,  that 
he  was  unable  to  exert,  even  in  private  circles,  that  influ- 
ence to  which,  from  his  experience,  his  cige,  and  his  stand- 
ing in  society,  he  was  fairly  entitled.  There  were  at  the 
time,  in  the  Jackson  party,  several  other  more  efficient  and 
talented  men  than  Mr.  Dudley,  who  would  have  been  grat- 
ified with  an  election  to  the  senate  of  the  United  States, 
Mr.  Van  Buren  was  for  Mr,  Dudley,  He  received  in  the 
senate  twenty-three  and  in  the  assembly  seventy-nine 
votes. 

About  this  time  a  habit  of  intemperance  had  become  so 
fixed  and  settled  upon  Mr.  Talcott,  as  to  render  his  resig- 
nation of  the  office  of  attorney  general  absolutely  neces- 
sary. All  men  regretted  the  loss  of  the  services  of  this 
able  and  learned  lawyer,  as  well  as  the  cause  which  pro- 
duced it. 


304  POLITICAL    HISTORY  [1829. 

Greene  C.  Bronson  (at  present  a  justice  of  the  supreme 
court,)  was  appointed  his  successor.  Mr.  Bronson,  it  will 
be  recollected,  in  the  year  1822,  was  a  Clintonian  member 
of  the  assembly  from  the  county  of  Oneida.  But  long 
before  the  death  of  JMr.  Clinton,  he  had  changed  his  posi- 
tion from  that  of  a  supporter  to  that  of  a  political  oppo- 
nent. 

The  appointment  of  Mr.  Marcy  to  the  office  of  judge 
of  the  supreme  court,  was  a  great  loss  to  the  Albany  Re- 
gency. Zealous,  firm  and  decided,  though  frank  and  open 
in  his  political  conduct,  he  was  esteemed  and  respected  as 
well  by  opponents  as  friends.  His  acceptance  of  the  of- 
fice of  a  judge,  necessarily  withdrew  him  from  the  active 
management  of  political  concerns. 

Silas  Wright,  jun.,  a  member  of  congress,  and  who, 
while  state  senator,  had  aftbrded  abundant  proofs  not  only 
of  his  rigid  adherence  to  party  tactics,  and  of  tact  and 
shrewdness  as  a  party  manager,  but  of  mental  vigor  and 
capacity,  was  selected  for  the  new  comptroller.  Here 
was  a  man,  brought  up  in  one  of  the  country  towns  of 
Vermont,  and  from  thence  transferred  to  the  wilds  of  the 
county  of  St.  Lawrence,  placed  at  the  head  of  the  com- 
plicated financial  operations  of  the  great  State  of  New- 
York.  But  unaccountable  as  it  may  seem,  Mr.  Wright 
soon  proved  himself  amply  competent  to  discharge  the 
trust  which  had  been  conferred  upon  him.  It  is  conclu- 
sive evidence  of  th(j  high  mental  powers  of  this  man,  that 
in  whatever  situation  he  has  been  placed,  he  has  instantly 
exhibited  talents  equal  to  the  able  [jerformance  of  the  du- 
ties which  has  been  cast  upon  him.  The  other  state  offi- 
cers, A.  C.  Flagg,  secretary  of  state;  Abraham  Keyser, 
treasurer;  Simeon  De  Witt,  surveyor  general;  and  Alex- 
ander M.  Muir,  commissary  general,  were  re-e.ected  al- 
most without  opposition. 


1829.]  OF    NEW-YORK.  305 

]\Ir.  Van  Buren  renewed  the  nomination  of  Mr.  Mose- 
ly  to  the  office  of  circuit  judge  in  the  place  of  Lieut,  Gov. 
Throop,  and  the  senate  confinneil  tiie  nomination.  This 
a[)pointment  left  vacant  the  oflice  of  special  counsel  for 
the  detection  and  prosecution  of  those  concerned  in  the 
murder  of  Morgan.  Mr.  Van  Buren  selected  John  C. 
Spencer  as  the  successor  of  Mr.  Mosely,  and  he  could  not 
have  made  a  belter  selection.  The  wonder  is,  how  so 
rigid  a  party  man  as  Mr.  Van  Buren  was,  came  to  appoint 
a  political  opponent  to  so  important  an  office.  The  fol- 
lowing considerations  may  account  for  it: 

The  office  could  not  have  been  a  desirable  one,  while  at 
the  same  time  all  parties  were  well  convinced  that  it  re- 
quired a  man  of  talents  and  great  moral  courage  to  dis- 
charge its  duties  properly.  I  say  it  was  not  a  desirable 
office,  because,  if  the  prosecutions  were  not  pursued  with 
great  vigor,  and  even  if  they  were  so  pursued,  if  they 
should  happen  to  be  unsuccessful,  there  was  reason  to  ap- 
prehend that  the  anti-masons,  in  the  heat  of  their  excite- 
ment, would  impute  the  failure  to  the  want  of  energy,  or 
to  the  treachery  of  the  special  attorney.  On  the  other 
hand,  if  he  discharged  the  duty  imposed  on  him  by  the  act, 
vigorously  and  with  fidelity,  he  would  draw  down  upon 
himself  the  hostility  of  the  masons,  who,  in  that  region  of 
the  state,  and  indeed,  in  every  other  part  of  it,  were  a 
powerful  and  united  body  of  men. 

If  the  plan  succeeded  in  detecting  and  punishing  the 
guilty,  and  in  quieting  the  excitement  among  the  people, 
then  the  measure  was  adopted  by  Mr.  Van  Buren  and  his 
friends,  and  tney  were  entitled  to  applause  for  it;  if  it 
failed,  then  its  failure  might  be  charged  upon  Mr,  Spencer 
and  his  friends,  who  were  firm  opponents  of  the  Jackson 
party.  A  finer  specimen  of  the  peculiar  tact  of  Mr,  Van 
Buren  can  scarcely  be  found  than  that  exhibited  in  making 
this  comparatively  nnimportant  appointment.     This  was 


306  POLITICAL     HISTORY  [1829. 

the  last  appointriTent  made  by  Mr.  Van  Buren  as  governor 
of  the  state. 

Within  a  few  df\y  after  the  inauguration  of  Gen.  Jack- 
son to  the  office  of  President  of  the  United  States,  Mr. 
Van  Buren  received  notice  of  his  appointment  as  secretary 
of  state  of  the  United  States,  and  on  the  r2th  of  March, 
communicated  his  resignation  of  the  office  of  governor  to 
the  legislature.  Upon  the  annunciation  of  this  communi- 
cation, both  houses  passed  resolutions  of  congratulation 
and  of  thanks,  highly  compHmentary  to  Mr.  Van  Buren. 
In  the  senate,  Mr.  Maynard  made  some  resistance,  princi- 
pally on  the  ground,  that  when  Mr.  Van  Buren  consented 
to  stand  a  candidate  for  the  office  of  governor,  he  gave  an 
implied  pledge  that  if  elected,  he  would  serve  through  the 
gubernatorial  term;  and  that,  therefore,  the  senate  could 
not  adopt  the  second  resolution  proposed,  which  approved 
of  the  conduct  of  Mr.  Van  Buren  for  abandoning  the  ser- 
vice of  the  state  for  that  of  the  national  government.  The 
opposition  of  Mr.  Maynard  proved  inelfectual. 

Mr.  Throop,  on  whom  the  executive  government  of  the 
state  now  devolved,  on  taking  leave  of  the  senate,  deliv- 
ered along,  and  what  may  be  properly  called,  inaugural 
address,  in  which  he  undertook  to  set  forth  his  views  of 
the  true  policy  of  the  state,  and  the  leading  principles  which 
would  govern  him  in  administering  the  executive  depart- 
ment of  the  government.  He  laid  down  some  general 
maxims  of  government,  which  were  very  correct,  and  in 
which  all  agree.  On  the  subject  of  internal  improvement 
he  spoke  in  terms  highly  laudatory,  but  he  does  not  "  com- 
mit himself,^^  either  for  or  against  the  policy  of  ma- 
king, at  the  expense  of  the  state,  additional  canals.  In 
short,  like  most  inaugurals,  it  consisted  principally  of  put- 
ting forth  many  general  propositions  like  the  assertions, 
"that  all  power  is  derived  from  the  people;  that  all  men 


.  ^. 


1829.J  OF   NEW-YORK.  307 

are  politically  equal,  &c.,  without  declaring  himself  in  fa- 
vor of  or  adverse  to  any  particular  measure. 

Mr.  Throop,  after  concluding  his  remarks  upon  mea- 
sures, devotes  the  residue  of  his  address,  which  is  much 
the  largest  portion  of  it,  to  a  dissertation  on  politioal  par- 
ties. His  views  on  that  subject,  though  in  general  liberal, 
do  not  strike  me  as  particularly  luminous. 

The  new  governor  sets  off  by  affirming  that,  "of  the 
political  parties  known  to  our  history,  there  has  been  one, 
and  but  one,  which,  from  the  adoption  of  the  federal  con- 
stitution to  the  present  day,  has  maintained  an  unvaried 
character,  and  has  constantly  held  the  public  good  for  its 
object."  Now  this  would  be  a  pretty  bold  assertion  for  a 
partizan  political  writer  to  make.  Gov.  Throop  is  the 
first  and  last  statesman  who  ever  ventured  on  so  bold  an 
assertion  in  a  grave  executive  communication  to  a  co-ordi- 
nate department  of  the  government.  Mr.  T.  howevei-, 
very  complacently,  soon  assures  us  that  he  has  always  be- 
longed to  this  immaculate  party.  Mr.  Throop's  remarks 
upon  the  anti-masonic  excitement,  and  upon  the  improprie- 
ty of  making  the  outrage  committed  on  Morgan,  a  foun- 
dation on  which  to  build  a  political  party,  are  exceedingly 
just  and  highly  commendable.  The  address  was  badly 
written.  Indeed,  one  great,  and  perhaps  I  ought  to  say 
the  great,  defect  of  Gov.  Throop  as  a  statesman  in  a  pop- 
ular government,  was  want  of  ability  as  a  writer.  I  do 
not  consider  this  as  evidence  of  a  want  of  talent  general- 
ly. Some  of  our  most  eloquent  men  are  very  indifferent 
writers,  and  some  men  who  write  well  can  not  speak  ex- 
temporaneously, and  indeed  have  little  other  talent.  One 
of  the  greatest  men  the  world  ever  produced,  (Oliver 
Cromwell,)  could  neither  speak  nor  write,  but  could  think 
and  act  superior  to  any  other  man.  The  formation  of 
ideas  in  the  mind,  and  comparing  and  adjudicating  upon 


308  POLITICAL  HISTOriV.  [1829. 

them  is  one  thing;  a  description  of  those  ideas  by  words, 
either  verbally  or  written,  is  another.     [See  JVo/e  K.] 

The  address  of  Gov.  Throop,  now  under  consideration, 
as  a  whole,  notwithstanding  the  animadversions  contained 
in  the  preceding  paragraph,  contains  many  things  well 
worthy  of  the  attention  of  the  patriot  and  statesman. 

He  suggests  that  the  natural  and  inevitable  tendency  of 
party  divisions,  based  upon  conflicting  opinions  in  regard 
to  constitutional  law  or  the  measures  of  an  existing  admin- 
istration, is,  to  form  the  whole  mass  of  men  into  two  great 
parties.  The  slight  shades  of  difference  in  the  opinion?  of 
individuals,  will,  as  he  thinks,  gradually  vanish,  and  the 
desire  of  political  ascendancy  will  soon  array  all  classes 
of  men  into  two  solid  columns,  the  one  for,  and  the  other 
against,  those  who  stand  at  the  helm  of  government.  Par- 
ties thus  organized  he  deems  useful,  because  "they  watch 
and  scan  each  other's  doings,  the  public  mind  is  instructed 
by  ample  discussion  of  public  measures,  and  acts  of  vio- 
lence are  restrained  by  the  convictions  of  the  people,  that 
the  prevailing  measures  are  the  result  of  enlightened 
reason." 

The  vigilance  with  which  parties  watch  each  other  un- 
questionably furnishes  a  great,  and  it  is  to  be  hoped  an 
effectual,  security  against  any  flagrant  outrage  of  the  dom- 
inant party  on  the  liberties  or  interest  of  the  community; 
but  the  Governor  might,  1  think  with  great  propriety,  have 
added,  that  the  vigilance  with  which  an  opposing  party 
scrutinizes  the  acts  of  the  party  in  power,  may  afford 
another  safeguard  against  oppression  and  corruption,  by 
inducing  a  party  who  wish  to  overthrow  an  existing  ad- 
ministration, to  expose  such  corruption  and  oppression  so 
effectually,  that  a  majority  of  the  people  will  deem  it  their 
duty,  by  the  exercise  of  their  sovereign  authority  as  inde- 
pendent freemen,  to  change  the  administration  by  peace- 


1829.]  OF   NEW-YORK.  309 

ably  and  quietly  removing  from  office  the  authors  of  those 
obnoxious  measures  at  the  polls  of  the  next  election. 

Charles  Stebbins,  a  senator  from  Madison  county,  was 
elected  president  of  the  senate,  and  was  therefore  ez-offi- 
cio  lieutenant  governor. 

A  bill  for  constructing  the  Chenango  canal  was  again 
brought  into  the  assembly;  but  the  first  section  of  it, 
which  contained  the  enacting  clause,  was  rejected  in  com- 
mittee of  the  whole  by  a  small  majority.  The  committee 
rose  and  reported,  when  Mr.  Johnson  from  Oneida,  moved 
an  amendment,  directing  the  route  to  be  again  surveyed 
under  the  immediate  inspection  of  the  canal  commission- 
ers, and  prescribing  certain  conditions  upon  which  alone 
the  commissioners  should  be  authorized  to  commence  the 
work.  The  bill  was  subsequently  so  amended,  that  be- 
fore the  commissioners  were  permitted  to  contract  for  ma- 
king the  canal,  they  should  be  convinced  that  the  cost  of 
the  construction  of  it  would  not  exceed  one  million  of 
dollars;  that  there  would  be  a  sufficient  supply  of  water, 
and  that  it  would  produce  for  the  first  ten  years  after  its 
construction,  an  amount  of  tolls  which  should  be  equal  to 
the  interest  upon  its  cost,  together  with  the  repairs  and 
the  expense  of  attendance.  The  commissioners  were  fur- 
ther required  to  report  to  the  next  legislature  whether  the 
evidence  elicit(5d  by  their  survey  and  examination  had  pro- 
duced in  their  minds  a  conviction  of  the  truth  of  these 
positions.  The  legislature,  by  this  act,  merely  took  the 
representation  of  the  applicants  for  this  improvement  to 
be  true,  or  rather  they  required  them  to  convince  the  ca- 
nal commissioners  that  those  representations  were  true  ; 
and  if  they  did  so,  then  the  state  agreed  to  construct  the 
canal.  Of  this  course,  it  seems  to  me,  the  applicants  had 
no  right  to  coniplain. 

An  act  for  constructing  the  Chemung  canal  passed  the 
assembly  by  a  vote  of  seventy-five  to  thirty-one.     The 


310  POLITICAL    HISTORY  [1829. 

same  bill  during  this  session  passed  the  senate  and  became 
a  law. 

Mr.  E.  C.  Gross,  the  talented  member  from  Essex  coun- 
ty, died  before  the  close  of  this  session  of  the  delirium 
tremens.  One  of  the  Albany  daily  papers  thus  spoke  of 
the  man  and  of  his  death. 

"  Mr.  Gross  was  formerly  a  member  of  congress,  and 
for  the  last  two  years  had  been  in  the  assembly  of  this 
state.  He  was  a  man  of  great  vigor  of  mind,  as  may  be 
known  from  the  fact,  that  during  this  session,  it  has  been  a 
common  remark,  that  he  was  the  ablest  man  in  the  house. 
Whenever  he  spoke,  which  was  not  often,  he  was  listened 
to  with  marked  attention,  and  he  had  an  influence  corre- 
sponding with  the  high  opinion  entertained  of  him.  His 
speech  at  the  commencement  of  the  session,  in  support  of 
his  resolution  to  abrogate  the  two-third  provision  in  the 
constitution,  received  the  highest  applause  from  all  who 
heard  or  read  it.  As  a  man,  he  was  held  in  high  regard, 
and  many  tears  of  friendship  will  bedew  his  grave." 

He  was  the  victim  of  intemperance. 

On  the  4th  of  May,  Gen.  Robert  Bogardus,  an  upright 
and  honorable  man,  resigned  his  seat  in  the  senate,  alleg- 
ing as  a  reason  that  the  avails  of  his  professional  business, 
were  necessary  for  the  support  of  his  family,  and  that  his 
longer  continuance  in  the  senate  would  produce  a  total 
sacrifice  of  that  business.  His  withdrawal  from  the  legis- 
laljjre  was  universally  regretted. 

The  legislature,  after  the  longest  session  before  that  time 
ever  held,  adjourned  on  the  5th  of  May,  after  passing  more 
than  three  hundred  laws,  re-chartering  a  great  number  of 
banks  and  chartering  eleven  new  ones. 

The  venerable  John  Jay  died  on  the  17th  of  May,  at 
his  mansion  house  in  Bedford,  at  the  advanced  age  of 
eighty-three  years.  Although  he  had  been  "long  remem- 
bered," he  was  not  entirely  forgotten.   The  supreme  court 


1829.J  OF    NEW-YORK.  311 

being  in  session  in  New  York,  the  gentlemen  of  the  bar 
held  a  meeting,  of  which  David  B.  Ogdcn  was  chairman, 
and  John  Suydam  was  secretary,  and  at  wliich  a  commit- 
tee was  appointed,  consisting  of  Greene  C.  Bronson,  James 
TaHmadge,  J.  A.  Spencer,  I).  S.  Jones,  G.  Griflin,  and  J. 
J.  Rosevelt,  who  reported,  among  others,  the  following 
resolution,  which  was  unanimously  adopted: 

^'Resolved,  That  the  members  of  this  bar  are  impressed 
with  deep  grief  upon  the  decease  of  their  illustrious  bro- 
ther, John  Jay.  They  find,  however,  a  consolation  in  the 
retiection,  that  his  conduct  through  a  long  and  useful  life, 
lias  given  a  lustre  to  our  profession,  and  to  this  bar;  and 
tiat  while  his  character  for  private  vniucs  and  j)ublic 
worth  has  justly  endeared  him  to  the  nation,  liis  patriot- 
isn,  his  great  talents  as  a  statesman,  and  his  great  ac- 
qurements  as  a  jurist — his  eminent  piety  as  a  Christian, 
anc  probity  as  a  man,  all  unite  to  present  him  to  the  pub- 
lic IS  an  example  whose  radiance  points  to  the  attainment 
of  excellence." 

Tie  memory  of  this  great  and  good  man  will  be  em- 
balned  in  the  heart  of  every  true  friend  to  liberty,  virtue 
and  the  honor  and  prosperity  of  the  State  of  New  York 
and  ler  civil  institutions,  as  long  as  the  history  of  this 
stateand  nation  shall  be  known  and  read. 

Nctwithstanding  Gen.  Jackson  had,  in  his  letter  of  ad- 
vice o  Mr.  Monroe,  counselled  him  that  the  period  had 
arrivd  when  the  executive  authority  of  the  nation  might 
with  propriety  avail  itself  of  the  services  of  every  citi- 
zen, vithout  regard  to  the  political  party  of  which  he 
had  ben  a  member,  he  had,  in  his  inaugural  address,  ex- 
pressid  a  determination  to  effect  a  thorough  reform  in  the 
govenment.  The  reform  to  which  he  alluded  was  ex- 
plaind  by  Mr.  Duff  Green,  the  government  printer,  to 
meani  "  searching''^  inquiry  for  all  those  in  office  who  had 
opposd  his  election,  with  a  view  to  their  removal.     The 


312  POLITICAL    HISTORY  [1829. 

determination  was  most  rigidly  carried  into  effect.  Re- 
movals were  general  and  nun>erous,  not  only  as  respected 
the  great  officers  of  state,  but  the  petty  othcers  of  the  cus- 
toms, their  clerks  and  tide  waiters,  and  most  of  the  deputy 
post-masters,  were  made  to  feel  the  elfects  of  the  refor- 
mation. This  thorough  and  universal  change  was  impu- 
ted, and  perhaps  with  some  justice,  to  the  influence  of  Mr. 
Van  Buren,  who  it  was  said,  was  introducing  into  the  na- 
tional government  party  discipline  and  the  New  York  sys- 
tem of  rewards  and  punishments. 

The  course  pursued  by  Mr.  Adams  was  directly  the  re- 
verse. In  general,  when  offices  became  vacant  by  deatS 
or  resignation,  the  vacancies  were  filled  by  the  friends  if 
the  administration;  but  he  utterly  refused  to  make  remo- 
vals e;sclusive]y  on  the  ground  of  the  political  principes 
of  the  incumbents.  / 

Parties  will  exist  in  every  free  government,  and  sich 
have  become  the  habits  of  thinking  of  the  members  of  loth 
the  great  political  parties  in  ihe  state  of  New  York,  that 
(whether  it  be  wrong  or  right  is  not  now  the  questioi)  1 
much  doubt  if  any  party  can  sustain  itself  here  whichdoes 
not  remove  its  opponents  when  it  has  the  power  of  (oing 
so  and  appoint  its  own  friends  in  their  place.  The  fvent 
proved  that  a  majority  of  the  people  condemned  theourse 
pursued  by  Mr.  Adams,  and  approved  of  that  of  Giicral 
Jackson. 

John  Becker,  sheriff  of  the  county  of  Albany,  wis  re- 
moved from  office  by  Gov.  Throop,  for  official  miscoiduct. 
This  was  the  second  instance  of  the  removal  of  an  dficer 
by  the  governor  under  the  new  constitution.  Tin  first 
was  the  removal  of  Bruce,  sheriff  of  Niagara,  by  Governor 
Clinton,  for  a  participation  in,  or  an  official  connivace  at, 
the  abduction  of  Morgan.  Both  removals  receivd  the 
sanction  and  approbation  of  the  public. 


1829.]  OF    NEW-YORK.  313 

In  the  month  of  September,  Judge  Birdsall  resigned  the 
office  of  judge  of  the  eighth  circuit,  and  for  the  purpose 
of  supplying  that  and  other  vacancies,  Gov.  Throop,  bv 
proclamation,  convened  the  senate  in  the  city  of  New- 
York  on  the  22d  of  September,  at  which  time  and  place 
the  senate,  by  adjournment,  were  in  session  as  a  court  of 
errors.  On  the  23d  of  September,  Addison  Gardner  of 
Rochester  was  nominated  and  appointed  the  successor  of 
Judge  Birdsall.  This  appointment  was  a  good  one,  and 
was  well  received  in  the  eighth  district. 

I  cannot  omit  to  mention  in  this  place  the  sudden  and 
lamented  death  of  that  eminent  and  learned  lawyer  John 
V.  Henry,  who,  it  will  be  recollected,  was  appointed 
comptroller  of  the  state  by  Gov.  Jay,  and  held  that  office 
until  removed  by  the  council  of  appointment,  in  1801. 
Of  Mr.  Henry's  public  character,  and  of  his  determina- 
tion to  retire  from  political  Hfe  and  political  contests,  ta- 
ken at  the  time  of  his  removal,  I  have  before  spoken.  I 
have  now  only  to  say  that  he  strictly  and  religiously  kept 
that  resolution;  and  by  his  assiduous  application  to  the  du- 
ties of  his  profession,  and  his  distinguished  talents  and  high 
and  deserved  character  for  integrity  and  honoi',  acquired 
as  a  citizen  and  a  lawyer  a  most  enviable  reputation.  The 
great  superiority  of  Mr.  Henry  as  an  advocate,  consisted 
in  his  skill  in  condensing  his  argument — in  saying  every 
thing  which  could  be  said  in  favor  of  the  position  he  wish- 
ed to  establish,  with  the  fewest  possible  number  of  words. 
These  words  were  selected  in  the  best  possible  manner. 
He  never  used  a  single  word  but  such  as  was  the  very 
best  to  express  precisely  the  idea  he  desired  to  impress  on 
the  mind  of  his  hearer.  Of  course,  he  was  neither  florid 
nor  brilliant,  but  luminous  and  strictly  logical,  and  at  times 
powerfully  eloquent. 

The  account  of  his  death  is  thus  given  in  an  Albany 
daily  paper  of  the  23d  October: 


314  POLITICAL  HISTORY.  [182U. 

"■  This  distinguished  man  is  no  more.  He  attended  the 
supreme  court  on  Wednesday  morning,  and  on  his  way 
from  thereabout  11  o'clock,  when  opposite  the  house  of 
Chandler  Starr  in  State-street,  was  seized  with  an  apoplec- 
tit  fit.  He  was  taken  into  Mr.  Starr's,  and  medical  aid 
was  immediately  rendered.  He  lingered  till  half  past  two 
o'clock  yesterday  afternoon,  when  his  mighty  spirit  was 
yielded  up  to  the  God  who  gave  it.  His  age  was  about 
sixty-four. 

"The  death  of  Henrv  is  a  public  calamity.  The  tears 
which  his  family  shed  over  his  lifeless  form,  fall  not  alone. 
Those  who  respect  the  probity,  the  independence,  the 
gallant  bearing,  and  the  high  talent  which  sometimes  re- 
deem human  nature  from  suspicion,  must  also  lament  the 
fall  of  such  a  man  as  this,  in  whom  these  traits  were  so 
happily  combined. 

"And  so  depart  with  a  fearful  rapidity,  the  sages,  the 
statesmen,  and  the  jurists  of  our  day.  Clinton,  and  Wells, 
and  Emmet,  and  Henry,  have  in  their  turn  ceased  to  be. 
And  what  a  lesson  to  mankind  do  their  sudden  deaths  im- 
part. One  by  one  the  wise  and  the  virtuous  fall  into  the 
deep  gulph  of  time,  and  yet  thousands  tread  thoughtlessly 
upon  the  solemn  verge. 

"  What  a  close  for  the  active  and  healthful  s[)irit  of  the 
man,  who  yesterday  was  the  idol  of  his  friends,  the  orna- 
ment of  his  native  city,  the  pride  of  the  bar,  the  eloquent 
defender  of  the  oppressed. 

"  What  a  sad  duty  is  this  which  friendship  performs,  to 
cast  its  cypress  wreath  upon  the  grave  of  the  truest  and 
the  best,  when  much  more  dear  would  have  been  the 
grateful  office  of  crowning  his  living  forehead  with  lau- 
rels, and  of  bestowing  upon  living  merit,  the  chaste  eulo- 
gy of  deserved  praise. 

"  The  supreme  court  of  this  state,  which  is  in  session  in 
the  city  of  Albany,   adjourned  on  Friday  without  doing 


1829.]  OF    NEW-YORK.  315 

any  business  in  consequence  of  the   death  of  John.  V. 
Henrv. 

"On  the  opening  of  the  court,  Daniel  Cady,  Esq.  arose 
and  observed  that  the  duty  had  devolved  upon  him  to 
announce  to  the  court  the  sudden  death  of  Mr.  Henry,  a 
senior  and  most  distinguished  member  of  the  bar.  This 
awful,  and  to  the  family  of  the  deceased,  afllicting  dispen 
SAtion  of  Providence,  was  so  sensibly  felt  by  the  members 
of  the  bar  in  attendance  upon  the  court,  as  to  unfit  them 
for  the  discharge  of  their  ordinary  duties;  and  satisfied 
that  the  court  must  partici{)ate  in  those  feelings,  he  was 
induced  to  move  that  they  adjourn  until  to-morrow. 

"The  chief  justice,  after  observing  that  the  motion  made 
accorded  well  with  the  feelings  of  the  court,  who  deemed 
it  due  to  the  memory  of  so  distinguished  a  man  as  Mr. 
Henry,  that  this  mark  of  respect  should  be  shown,  direct- 
ed the  court  to  be  adjourned  until  to-morrow  morning." 

The  November  election  exhibited  an  overwhelming  ma- 
jority in  favor  of  the  Jackson  candidates.  Seven  of  the 
eight  senatorial  districts  elected  Jackson  senators,  and 
some  of  them  by  very  large  majorities.  Mr.  Beardsley, 
in  the  sixth,  received  about  six  thousand  majority.  That 
majority,  however,  was  somewhat  increased  by  his  per- 
sonal popularity  in  his  own  county,  (Otsego,)  where  he 
obtained  more  than  twelve  hundred  majority  over  his  op- 
ponent, Mr.  Mumford,  the  anti-masonic  candidate.  Two 
years  before,  the  county  of  Otsego  had  returned  anti-ma- 
sonic members  to  the  assembly.  This  year  the  average 
Jackson  majority  was  above  one  thousand.  In  the  assem- 
bly too,  the  Jackson  party  elected  a  very  large  majority. 

The  result  of  this  election  showed  pretty  satisfactorily, 
that  the  anti-masonic  excitement  could  not  be  made  to 
extend,  in.  this  state,  much  beyond  the  eighth  district, 
which  was  the  immediate  theatre  of  the  outrage  commit- 
ted on  the  unfortunate  Morgan.     Hence   this  district  re- 


316  POLITICAL    HISTORY  [1829. 

ceived  the  appellation  of  *'  the  infected  district.'^  The  an- 
ti-masons of  the  west  had  attempted  to  create  a  state  and 
national  party,  as  we  have  seen  in  another  part  of  these 
sketches,  and  when  that  was  perceived,  many,  and  I  may 
say,  nearly  all  the  masons  belonging  to  the  Adams  party, 
alarmed  at  what  they  believed  to  be  the  proscriptive  spi- 
rit of  anti-masonry,  preferred  the  ascendancy  of  the  Al- 
bany Regency  to  the  domination  of  anti-masons,  and  ei- 
ther secretly  or  openly  exerted  their  influence  and  cast 
their  votes  in  favor  of  the  Jackson  party.  This  circum- 
stance swelled  the  Jackson  majority;  and  probably  some 
politicians  of  that  party  were  deceived  by  this  appearance 
of  strength,  some  part  of  which  was  in  fact  adventitious, 
and  ready  and  disposed  at  any  favorable  moment  to  wage 
a  fierce  war  against  them. 

The  senators  chosen  at  this  election  were: 

From  the  first  District,  Alpheus  Sherman,  and 
Jonathan  S.  Conkling, 
"  Second    do.,  Nathaniel  P.  Tallmadge, 

"  Third      do.,  William  Dietz, 

"  Fourth    do..  Isaac  Geer, 

"  Fifth       do.,  Alvin  Bronson, 

*'  Sixth      do.,  Levi  Beardsley, 

"  Seventh  do.,  Thomas  Armstrong, 

"  Eighth    do.,  Albert  H.  Tracy. 

All  these  gentlemen  were  decided  Jackson  men,  except 
Mr.  Tracv. 


1830.J  OF   NEW-VORK.  317 


CHAPTER  XXXVI. 

[From  Jan.  1,  1930,  to  Jan.  1,  1831.) 

A  LARGE  portion  of  the  acting  governor's  annual  mes- 
sage consisted  in  a  presentation  of  his  views  on  the  peni- 
tentiary system  and  the  criminal  laws  of  the  state  of  New- 
York.  His  remarks  on  that  subject  are  very  judicious, 
and  are  creditable  to  him  as  a  statesman  and  philanthro- 
pist. 

He  thinks  the  punishment  of  death  ought  not  to  be  in- 
flicted for  any  species  of  burglary,  and  that  that  dreadful 
penalty  ought  to  be  reserved  for  the  crimes  of  murder  and 
treason  only.  May  not  some  other  punishment  be  substi- 
tuted, even  in  these  cases,  less  distressing  and  less  agoni- 
zing to  the  feelings  of  civilized  man  1  When  this  message 
was  delivered,  no  suitable  provisions  were  made  by  law 
for  the  care  and  support  of  insane  persons.  The  gover- 
nor makes  the  following  impressive  and  eloquent  appeal  in 
behalf  of  that  unfortunate  class  of  human  beings : 

"By  the  census  of  1825,  it  was  ascertained  that  there 
were  at  the  time  eight  hundred  and  nineteen  insane  per- 
sons in  the  state.  Of  these,  two  hundred  and  sixty-three 
were  of  sufficient  ability  to  pay  for  their  own  support ; 
two  hundred  and  eight  were  in  jail  or  supported  by  chari- 
ty; leaving  three  hundred  and  forty-eight  insane  paupers 
at  large,  a  terror  to  others,  and  suffering,  in  addition  to 
mental  derangement,  all  the  privations  attending  penury 
and  want.  The  condition  of  those  under  poor-house  reg- 
ulations, or  confined  in  jails,  is,  if  possible,  worse.  No 
person  of  sensibility  can  look  upon  these  sufferers,  in  their 
small  cells,  surrounded  by  a  bad  atmosphere,  sometimes 
chained  to  the  walls,  and  witness  their  dejected  or  wild 


318  POLITICAL    HISTORY  [1830. 

despairing  looks,  or  frantic  madness,  without  a  feeling  of 
horror.  No  restoration  can  be  hoped  for  under  such  cir- 
cumstances; indeed  the  instances  are  not  rare,  of  persons 
slightly  deranged  becoming  incurable  maniacs  by  these  in- 
judicious means." 

Happily  provisions  are  now  being  made  by  the  state  in 
conformity  with  the  feelings  and  wishes  which  this  appeal 
was  calculated  to  call  into  action. 

The  governor  presents  a  succinct  and  pretty  clear  view  of 
the  finances  of  the  state.  He  alludes  to  the  fact  that  the 
general  fund  is  in  a  gradual  process  of  diminution,  and 
that  as  its  income  was  insufficient  to  defray  the  ordinary 
expenses  of  the  government,  unless  some  other  provi- 
sions were  made  for  the  support  of  government,  it  would 
continue  to  decrease  until  it  was  wholly  consumed.  To 
obviate  such  a  result,  he  recommends  a  state  tax.  The 
governor  is  silent  on  the  subject  of  any  further  improve- 
ments by  canals  and  roads;  but  the  general  tenor  of  the 
message  leaves  a  strong  impression  on  the  mind  of  the 
reader,  that  he  was  against  constructing  any  more  canals 
until  the  canal  debt  should  be  paid;  and  this  impression  I 
have  no  doubt  he  intended  to  produce. 

As  the  subject  of  a  distribution  of  the  avails  of  the  sales 
of  the  lands  belonging  to  the  United  States  has  for  some 
time  past  been  a  matter  which  has  excited  much  public 
discussion,  and  as  political  parties  have  chosen  to  make 
it  one  of  the  points  of  controversy,  it  may  gratify  the 
young  reader  to  know  what  was  the  opinion  entertain- 
ed at  this  time  by  Mr.  Throop  and  his  friends,  f^'or  of 
all  men  he  was  the  last  man  who  would  venture  to  put 
forth  any  doctrines  contrary  to  the  received  faith  of  his 
party,)  on  the  question,  relating  to  the  distribution  of  the 
surplus  revenue.  "Our  funds,"  says  the  governor, 
meaning  the  funds  of  the  state  of  New-York,  ''  however, 
applicable  to  the  extension  of  our  public  works,  may  be 


1830.]  OF    NEW-YORK.  319 

augmented,  at  no  distant  day,  from  a  new  source.  The 
duties  upon  the  importation  of  merchandise  are  secured  by 
the  constitution  of  the  United  States  to  the  general  gov- 
ernment, and  have  been  its  great  source  of  revenue  for  all 
purposes.  In  a  very  few  years  the  national  debt  will  be 
paid  off,  and  as  but  a  small  portion  of  the  revenue  will  be 
consumed  in  conducting  the  affairs  of  the  Union,  within 
the  constitutional  limits,  and  as  there  are  prudential  rea- 
sons for  continuing  the  duties  to  a  certain  extent,  there 
can  be  no  valid  objection  to  the  distribution  of  the  surplus 
revenue  among  the  states,  to  be  disposed  of  at  their  dis- 
cretion. If  constitutional  obstacles  exist  against  the  mea- 
sure, they  may  be  removed  by  constitutional  means." 

The  governor  here  asserts  that  "  there  are  prudential 
reasons  for  continuing  the  duties  to  a  greater  extent''  than 
will  be  necessary  to  defray  the  expenses  of  the  general 
government,  and  he  says,  ''There  can  be  no  valid  objec- 
tion to  the  distribution  of  the  surplus  revenue"  [thus 
raised]  "among  the  states,  to  be  disposed  of  at  their  dis- 
cretion." He  adds,  however,  "  If  there  are  constitution- 
al objections,  those  objections  may  be  removed,"  &c. 

In  the  year  1817,  a  bill  passed  the  two  houses  of  con- 
gress for  the  distribution,  among  the  several  states,  accord- 
ing to  the  ratio  of  the  representation  of  each  state  in  the 
popular  branch  of  the  national  legislature,  of  the  dividends 
to  the  United  States  which  might  accrue  on  seven  millions 
of  stock  owned  by  the  government  in  the  bank  of  the  Uni- 
ted States,  to  be  expended  under  the  direction  of  the  gen- 
eral government  by  the  consent  of  the  respective  states 
in  constructing  roads  and  canals. 

The  whole  representation  from  this  state,  both  in  the 
senate  and  house  of  representatives,  excepting  only  Gen. 
Root,  and  all  the  members  from  Pennsylvania,  voted  for 
this  bill,  which  finally  failed  of  becoming  a  law  by  the 
veto  of  Mr.  Madison.     But  notwithstanding  this  deliberate 


320  POLITICAl,    lUSTOUV.  [1830. 

and  all  hut  unanimous  opinion  of  the  Ncw-Yovk  and  Penn- 
sylvania members  of  congress  as  expressed  by  their  votes, 
that  the  national  jrovernment  lias  a  right  to  raise  money 
by  a  direct  or  indirect  tax,  and  pay  back  a  portion  of  that 
tax  to  the  jieople;  certainly,  even  at  that  day,  the  correct- 
ness of  that  opinion  ought  to  have  been  questioned,  for  at 
this  time,  I  believe,  it  is  universally  conceded  to  be  un- 
constitutional.*    But  the  public  lands  were  proi^erty  not 

*  It  is  fc:iKirkalilo  lli.it  tlini  nlilc.  cautions  aiiil  proloiimt  constitutional  lawyer,  James 
Mailison.  in  his  veto  tncssaije.  alllio'.igli  llif  tliinl  section  of  the  hill  in  iincslion  exjiress- 
l_\  |irovi>lc's  lor  the  ilistrilmtion  ol"  the  hank  ilividends  anion<;  the  states  ace  rdiiiH  to  their 
reiiresentation  in  congress,  does  not  even  hint  that  he  founds  his  objections  to  the  hill 
iil>on  the  want  of  power  in  conjj;ress  to  dislrilmie  the  puhlic  revenue,  lie  rejects  tlie 
hill,  htniiise,  ill  his  Jiiilirineiil,  c<iH<rress  hail  nul  the  jimcer  to  make  roads  and  canals  in 
the  settrni  stales.  For  the  |>i;ri>ose  of  atl'ordinj;  the  reader  a  clear  idea  of  this  hill  and 
Mr.  Mailison'sohjections,  I  have  copied  from  the  Journals  of  tlie  house  of  representa- 
tives of  I^i7,  the  (bllowiiii;  entries  : 
'•■I'oihe  Mouse  of  Rcpresentniives  ot  the  L'nited  States: 

"  llavinj;  considered  the  liill  this  day  presented  lo  me,  entitled  "An  act  to  set  apart 
and  pledue  certain  funds  lor  internal  improvements,"  and  which  sets  apart  and  pledges 
funds  '•  for  construciinji  roads  and  canals,  and  improving  the  navigation  of  water-cour- 
si's  in  order  to  facilitate,  promote  and  give  security  to  internal  conuncrce  among  the 
several  stales,  ami  to  render  more  easy  and  less  expensive  the  means  and  provisions  for 
llie  com.'iion  defence;"  I  am  constrained,  hy  the  insuperable  difficulty  I  feel  in  reconci- 
ling the  liill  with  the  constitution  of  the  United  Stales,  to  return  it  with  that  objection, 
to  tlie  house  of  representatives,  in  which  it  originated. 

"  'l"he  legislative  powers  vested  in  couijress  are  specified  and  ennmeratpd  in  the  eighth 
section  of  the  first  article  of  the  constitution;  and  it  does  not  appear  that  the  power  pro- 
posed to  he  exercised  hy  tlie  hill  is  among  the  eiuimerateil  powers;  or  that  it  falls,  by  any 
jusi  iiilerprelation,  within  the  power  to  make  laws  necessary  and  proi)er  for  carrying 
into  execution  those  or  other  powers  vested  hy  the  constitution  in  the  government  of  the 
United  Slates. 

"  'I'he  power  to  regulate  conunerce  among  the  several  states,'  cannot  include  a  pow- 
er to  construct  roads  and  canals,  and  to  improve  the  navigation  of  water-courses,  in 
order  to  facilitate,  promote  and  secure  such  a  commerce,  without  a  latitude  of  construc- 
tion ileparting  from  the  ordinary  inijiort  of  the  terms,  strengthened  hy  the  known  in- 
conveniences v.hich  doubtless  led  to  the  grant  of  this  remedial  power  to  congress. 

"  'I'o  refer  the  power  in  question  lo  the  clause  'lo  provide  for  the  common  defence  and 
general  welfare,'  would  he  contrary  to  the  established  and  consistent  rules  of  interpre- 
lalion;  as  rendering  ihe  special  and  careful  enumeration  of  powers,  which  follow  the 
clause,  migatory  and  improper.  Such  a  view  of  the  constitution  would  have  the  effect 
'of  giviiig  to  congress  a  general  power  of  legislation,  instead  of  the  defined  and  limited 
one  hitherto  iimlerstood  to  t«long  to  them;  the  terms  'common  defence  and  general 
welfare"  embracing  every  object  and  act  within  the  purview  of  a  legislative  trust.  It 
would  have  theetlcct  of  sul.jeciing  boiii  Uie  constitution  and  laws  of  the  several  states. 


1830.]  OF    NEW-YORK.  JQl 

acquired  by  taxation,  the  greater  part  of  them  being  owned 
and  held  by  the  nation  before  and  at  the  tioie  the  constitu-' 
tion  was  adopted  ;  and  the  question  whether  the  partition, 
or  the  division  of  the  avails  of  the  sale  of  these  lands  is  con- 
stitutional, has  been  held,  at  least  by  one  party,  quite  dif- 
ferent from  that  which  arises  on  a  proposition  to  refund 
money  raised  by  taxation. 

The  message  of  the  governor  on  the  whole  is  respecta- 
ble, both  in  matter  and  manner.  Its  style,  to  whatever 
cause  it  may  be  owing,  is  greatly  superior  to  that  of  his  in- 
augural address,  as  well  as  several  of  his  other  productions. 


in  all  cases  not  specifically  exempted,  to  be  superceded  by  laws  of  congress  ;  it  being 
expressly  declared  '  that  the  constitution  of  the  United  States,  and  laws  made  in  pur- 
suance thereof,  shall  be  the  supreme  law  of  the  land,  and  the  judges  of  every  state 
shall  be  boiind  thereby,  any  thing  in  the  constitution  or  laws  of  any  state  to  the  contrary 
notwithstanding.'  Such  a  view  of  tlie  constitution,  finally,  would  have  the  effect  of  ex- 
eluding  the  judicial  auUiority  of  the  United  States  from  its  participation  in  guarding 
the  boundary  between  the  legislative  powers  of  the  general  and  the  state  governments  ; 
inasmuch  as  questions  relating  to  the  general  welfare  being  questions  of  policy  and  ex- 
pediency, are  unsusceptible  of  judicial  cognizance  and  decision. 

"  A  restriction  of  the  power  '  to  provide  for  the  common  defence  and  general  wel- 
fare,' to  cases  which  are  to  be  provided  for  by  the  expenditure  of  money,  would  still 
leave  within  the  legislative  power  of  congress,  all  the  great  and  most  important  meas- 
ures of  government  i  money  being  the  ordinary  and  necessary  means  of  carrying  them 
into  execution. 

"  If  a  general  power  to  construct  roads  and  canals,  and  to  improve  the  navigation  of 
water-courses,  with  the  train  of  powers  incident  thereto,  be  not  possessed  by  congress, 
the  assent  of  the  stales  in  the  mode  provided  in  the  bill  can  not  confer  the  power.  The 
only  cases  in  which  the  consent  and  cession  of  particular  states  can  extend  the  power 
of  congress,  are  those  specified  and  provided  for  in  the  constitution. 

"  I  am  not  unaware  of  the  great  importance  of  roads  and  canals,  and  the  improved 
navigation  of  water-courses  ;  and  that  a  power  in  the  national  legislature  to  provide 
for  them  might  be  exercised  with  signal  advantage  to  the  general  prosperity.  But  seeing 
that  such  a  power  is  not  e.xpressly  given  by  the  constitution  ;  and  believing  that  it  can 
not  be  deduced  from  any  part  of  it  without  an  inadmissible  latitude  of  construction,  and 
a  reliance  on  insufficient  precedents  ;  believing  also  that  the  permanent  success  of  tlie 
constitution  depends  on  a  definite  partition  of  powers  between  the  general  and  the  state 
government,  and  that  no  adequate  land-marks  would  be  left  by  the  constructive  exten- 
sion of  the  powers  of  congress,  as  proposed  in  the  bill,  I  have  no  option  but  to  williliold 
my  signature  from  it ;  and  to  cherishing  the  hope  that  its  beneficial  objects  may  be  at- 
tained by  a  resort  for  the  necessary  powers,  to  the  saaie  wisdom  and  virtue  in  the  nation 
whicti  established  the  constitution  in  its  actual  form,  and  providently  marked  out,  .d  tae 

u 


322  POLITICAL    HISTORY  [1830. 

The  new  members  who  this  year  entered  the  senate 
added  considerably  to  the  strength  and  talent  of  that 
branch  of  the  government, 

,  Mr.  Levi  Beardsley,  from  the  sixth  district,  though  by 
no  means  a  showy  politician  or  eloquent  debater,  was  a 
man  of  sound  mind,  discriminating  and  clear  in  his  views 
of  principles  and  measures,  firm  and  decided  in  his  politi- 
cal action,  and  of  industrious  business  habits.  Mr.  Bron- 
son  of  Oswego  county,  was  a  very  highly  respectable 
practical  merchant,  possessing  a  mind  greatly  superior  to 
ordinary  men,  which  had  been  improved  by  considerable 

instrument  itself,  a  safe  and  practicable  mode  of  improving  it,  as  exjjerieuce  niiglit  big- 
gest. JAMES  MADlfcHJN. 
"  March  3,  1917. 

'The  house  proceeded  to  the  re-consideration  of  the  said  hill,  which  is  in  the  following 
words  : 

"  AN  ACT  to  set  apart  and  pledge  certain  funds  for  internal  iTnproreinent. 

"  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  fff 
America,  in  Congress  assembled,  Thnt  the  sum  to  be  paiii  to  the  United  States  by  the 
twentieth  section  of  the 'act  to  incorporate  the  subscribers  to  the  bank  of  the  United 
States,'  and  the  dividends  which  shall  arise  from  their  shares  in  its  capital  stock,  dur- 
ing the  present  term  of  twenty  years,  for  which  the  i>roprietors  thereof  have  been  iiicar- 
porated,  be,  and  the  same  are  hereby  set  apart  and  pledged  as  a  fund  for  constructing 
roads  and  canals,  and  improving  the  navigation  of  water  courses,  in  order  to  facilitate, 
promote  and  give  security  «o  internal  conirMerce  among  the  several  states,  and  to  render 
more  easy  and  less  expensive  the  means  and  provisions  necessary  for  their  conimorv 
defence. 

"  Sec.  2.  And  be  it  farther  enacted.  That  the  moneys  contsrtuttng  the  said  futisl  shall, 
from  time  to  time,  be  applied  in  constriteting,  or  to  aid  in  constructing  such  roads  or  ca- 
nals, or  iiniiroving  the  navigation  of  such  water  courses,  or  both,  in  each  state,  as  con- 
gress, with  the  assfnt  of  such  state,  shall  by  law  direct,  and  in  the  maimer  itipst  condu- 
cive to  the  general  welfare  ;  and  the  proportion  of  the  said  moneys  lo  be  expended  on 
tlte objects  aforesaid,  in  each  state,  stiall  be  in  the  ratio  of  its  rcprcsenation,  at  the  time 
of  the  apportionment  hereinafter  provided,  in  the  mosl  numerous  branch  of  the  national 
legislature  :  Provided,  That  the  proportion  of  said  fund,  to  be  assigned  to  any  stale,  of 
any  part  thereof,  may,  by  the  assent  of  such  stale,  he  applied  to  t!ie  purposes  aforesaid 
in  any  other  state. 

"Sec  3.  Aud  be  it  further  enacted,  That  the  said  fund  be  put  under  the  care  of  the 
secretary  of  the  treasury  for  the  time  being  ;  and  thai  it  shall  be  his  duty  to  apportion 
and  divide  the  said  fund,  as  it  annunlly  accrues,  among  the  several  states  now  existing, 
and  auch  as  may  hcrtafler  be  admitted  into  the  utnun,  according  to  the  then  eiisting 
ratio  of  reprtseiUaiion  as  before  directed ;  and  to  invest  the  same,  so  apportioi:ed  and 
divi  led,  in  the  funded  debt  of  the  United  States  in  the  names  of  the  resi)ective  states  •, 
and  the  funded  debt  so  set  apart  in  the  names  of  the  respective  states  shall  be  applied 
to  the  aforesaid  objects,  under  the  concurrent  direction  of  congress,  and  the  legislature 


1830.]  OF    NEW-YORK.  323 

reading  and  reflection.     Mr.  Bronson,  1   believe,  nad  for- 
merly belonged  to  the  federal  party. 

Of  the  talents  of  Mr.  N.  P.  Tallmadge  it  is  unnecessary 
to  speak.  Mr.  Tallmadge  had  been  a  Clintonian,  but  he 
as  well  as  Mr.  Clinton  supported  General  Jackson.  Mr. 
Tallmadge  and  his  relative,  Gen.  James  Tallmadge,  had 
been  uniformly  in  Dutchess  county  the  antagonists  of  Mr. 
Peter  R.  Livingston.  The  selection  of  Mr.  Tallmadge  as 
the  successor  of  Mr.  Livingston,  must  have  been  extreme- 
ly unpleasant  to  the  last  named  gentleman.  Politics 
among  the  old  families  of  the  state  were  always  more  or 

of  the  state  interested  ;  and  he  shall  also  lay  before  congress,  at  their  annual  session, 
the  condition  of  the  said  fund. 

"  Sec.  4.  And  be  it  further  enacted.  That  it  shall  also  be  the  duty  of  the  said  secreta- 
ry, unless  otherwise  directed,  to  vest  the  sum  to  be  paid  to  the  United  States,  by  the 
twentieth  section  of  the  act  to  incorporate  the  bank  of  the  United  States,  as  it  raay  fall 
due.  in  the  stock  of  the  United  States;  and  also  to  lay  before  congress,  at  their  annual 
session,  ifee  condition  of  said  fund. 

"  Attest,  H.  CLAY. 

"Speaker  of  the  House  of  Representatives. 
"JOHN  GAILLARD, 
"  President  of  the  Senate  pro  tempore. 

**  I  certify  tbat  this  act  originated  in  the  House  of  Representatives. 

" TH : DOUGHERTY, 
Clerk  of  the  House  of  Representatives. 

"The  question  was  then  taken  in  the  mode  prescribed  in  tlie  constitution  of  the 
United  States,  'that  the  house,  on  reconsideration  do  agree  to  pass  the  said  bill,'  the 
president's  objectiotis  to  the  same  to  the  contrary  notwithstanding. 

"And  determined  in  the  negative,  as  follows: 

"  yeoi— Messrs.  Speaker,  Alexander,  Archer,  Betts,  Birdseye,  Breckenridge,  Brooks, 
Cady,  Calhoun,  Chappell,  Clendennin,  Comstock,  Conner,  Creighton,  Culpepper,  For- 
syth, Gaston,  Griffin,  Hahn,  Hall,  Harrison,  Henderson,  Herbert,  Hopkinson,  Huger, 
Hulbert,  Ingham,  Irvin,  N.  Y.,  Johnson,  Ky.,  Kent,  Kerr,  Va.,  Kilbourn,  Little,  Lovett, 
Lyle,  Middleton,  Milnor,  Jer.  Nelson,  Ormsby,  Peter,  Pickering,  Reynolds,  Ross,  Sav, 
age,  Schenck,  Sharp,  Sheffey,  Tate,  Taylor,  N.  Y.,  Telfair,  Wallace,  Webster,  Wendo- 
ver,  Whiteside,  Wilde,  Wilkin,  Thomas  Wilson,  William  Wilson,  Yancey,  Yates- 
slxty. 

JVitys — Messrs.  Adams,  Atherton,  Baer,  Baker,  Barbour,  Bassett,  Blount,  Boss,  Brad- 
bury, Carr,  Ms.,  Clark,  N.  C.  Clayton,  Davenport,  Desha,  Dickens,  Edwards,  Fletcher, 
Forney,  Goldsborough,  Goodwyn,  Hale,  Hawes,  Hungerford,  Irwin,  Pa.,  Jewett,  John- 
son Va.,  King,  Law,  Lowndes,  Lyon,  Wm.  Maclay,  Marsh,  Mason,  M'Coy,  Mills, 
Hugh  Nelson,  Noyes,  Parris,  Pitkin,  Pleasants,  Reed,  Root,  Ruggtes,  Smith,  Md. 
Southard,  Stearns,  Strong,  Sturges,  Tallmadge,  Taul,  Vose,  Ward,  Ms.,  Ward,  N.  Y., 
Ward,  N.  J.,  Wilcox,  Williams — fifty-six. 

"  And  so  the  said  bill  was  rejected,  two-thirds  of  the  house  not  agreeing  to  pass  the 
sa-Tie." 


324  POLITICAL    HISTORY  [1830. 

less  mingled  with  personal  considerations  and  personal 
prejudices  and  predilections.  Whether  the  neglect  of  his 
regency  friends,  in  not  inviting  him  to  become  a  candidate 
for  one  of  the  high  state  offices;  whether  the  early  decla- 
ration of  Mr.  Clinton,  that  he  was  for  General  Jackson, 
and  the  continued,  unabated  hostility  of  Mr.  Livingston  to 
Mr.  C;  or  whether  the  bringing  forward  by  his  old  politi- 
cal friends  one  of  the  Tallmadge  family  for  his  successor 
in  the  senatCj  or  whether  his  attachment  to  Henry  Clay, 
to  whom  Mr.  L.  was  known  to  be  personally  very  partial; 
or  whether  he  was  conscientiously  of  opinion  that  Gen. 
Jackson,  from  his  education  and  habits,  was  wholly  unfit 
for  the  high  office  of  president;  or  indeed  whether  all  these 
considerations  jointly  operated  on  his  mind,  Mr.  Living- 
ston, before  he  left  the  legislature,  manifested  some  un- 
willingness to  go  with  the  majority  of  his  party  in  sup- 
port of  Jackson,  and  soon  after  openly  joined  the  oppo- 
sition to  the  Jackson  party  in  this  state.  He  has  contin- 
ued a  steady  supporter  of  Mr.  Clay  ever  since. 

Mr.  Albert  H.  Tracy,  who  by  this  time  had  become  an 
anti-mason,  and  was  elected  by  the  anti-masonic  party  to 
the  senate,  had  for  many  years,  although  now  compara- 
tively a  young  man,  been  a  member  of  congress,  and 
maintained  a  respectable  standing  there,  both  for  talents 
and  character.  The  mind  of  Mr.  Tracy  is  very  acute  and 
subtle.  He  argues  3.  question  always  ingeniously  and 
sometimes  ably.  There  is,  however,  in  his  mode  of  rea- 
soning, both  as  a  legislator  and  an  expounder  of  the  law, 
or  as  a  member  of  the  court  of  errors,  something  too  fine 
spun  to  strike  an  ordinary  mipd.  He  is  a  better  debater 
than  statesman,  and  a  better  metaphysician  than  lawyer. 
As  a  politician  we  have  already  seen  in  him  some  indica- 
tions of  being  governed  by  selfish  considerations.  Wheth- 
er It  was  purely  his  horror  of  masonry  which  induced  him 
*o  become  an  anti- mason,  many  of  those  well  acquainted 


1830.7  OF   KEW-YORK.  325 

with  him  pretend  to  doubt.  Mr.  Tracy  however,  was, 
and  is,  a  man  of  much  more  than  ordinary  talent,  possess- 
mg  a  highly  cultivated  mind  and  a  very  prepossessing  ad- 
dress. His  style,  both  as  a  speaker  and  writer,  is  neat  and 
elegant. 

In  the  assembly,  among  the  most  distinguished  members 
of  the  majority,  were  General  Root,  Charles  L.  Living- 
ston from  New-York,  A.  C.  Paige  of  Schenectady,  and 
Aaron  Vanderpoel  from  Columbia.  Although  Mr.  V.,  as 
I  before  remarked,  had  been,  until  recently,  a  Clintonian 
federalist,  he  had  now  become  identified  with  the  democratic 
party,  and  was  elected  by  that  party  from  the  county  of 
Columbia. 

Samuel  S.'  Lush  of  Albany,  and  Luther  Bradish  of 
Franklin,  may  be  said  to  have  represented  the  national 
republican  or  Claj^  party  in  the  assembly.  The  anti-ma 
sonic  party  had  not  increased  their  numbers  in  the  assem 
bly,  but  they  had  greatly  added  to  the  talents  of  that 
branch  of  the  legislature.  Mr.  Granger,  Mr.  Fillmore, 
Mr.  Nicholas  and  Mr.  P.  C.  Fuller,  were  again  returned. 
To  these  strong  and  powerful  representatives  in  the  as- 
sembly, they  this  year  added  Thurlow  Weed  of  Monroe, 
and  Abner  Hazeltine  of  Chaulauque  county. 

Gen.  Root  was  again  chosen  speaker  of  the  assembly. 
He  received  ninety-three  votes,  and  Mr.  Granger  thirty. 
There  were  four  blank  votes,  which  were  probably  given 
by  national  republicans,  who  would  not  vote  for  Root,  be- 
cause he  was  a  Jackson  man  j  nor  for  Granger,  because 
he  was  an  anti-mason.  Mr.  Root,  when  conducted  to  the 
chair,  made  a  concise  and  very  appropriate  address,  one 
sentence  of  which  I  shall  quote,  because  it  points  out 
clearly  an  excellent  rule  of  judging  what  bills  are  major- 
ity bills,  and  what  bills  constitutionally  require  the  votes 
of  two-tliirds  of  all  the  members  elected.  Mr.  Root  says: 
"  But  there  is  one  question  which  often  devolves  on  the 


326  POLITICAL    HISTORY  .         1830, 

speaker,  which  is  not  unfrequently  embarrassing — to  de- 
cide whether  a  question  com-es  within  the  constitutional 
provision  requiring  the  assent  of  two-thirtis  of  all  the 
members  elected  to  both  houses.  My  rule  has  ever  been, 
and  shall  continue  to  be,  in  cases  of  claims,  to  determine 
whether,  if  the  state  were  sueable,  the  claimant  could  re- 
cover his  demand  either  in  law  or  equity.  In  that  event, 
the  payment  of  the  claim  is  but  the  payment  of  a  just 
debt,  requiring  only  a  majority  to  pass  it  :  but  if  not  re- 
coverable, either  in  law  or  equity,  the  grant  is  but  an  act 
of  bounty  or  munificence,  and  req sires  the  asfient  of  two- 
fhirds  of  the  members." 

The  term  of  service  of  Mr.  Stebbins,  as  a  senator,  hav- 
ing expired,  the  office  of  president  of  the  senate  again  be- 
came vacant,  and  William  M.  Oliver,  of  Yates  county,  was 
chosen  to  fill  that  station  on  the  first  day  of  the  sessi-on  of  the 
legislature.  The  address  of  Mr.  Oliver  was  modest,  and 
in  all  respects  proper,  with  one  single  exception.  I  re- 
gret that  he  should  have  deemed  it  necessary  to  refer  by 
name  to  the  political  party  to  which  he  belonged  and  re- 
new his  oath  of  allegiance  to  that  party.  Gen.  Root  was 
the  first  presiding  officer  who,  in  an  inaugural  addiers,  al- 
luded to  such  a  topic.  Mr.  Oliver,  though  not  a  bril- 
liant, was  and  is  a  very  shrewd,  sagacious  man,  and  use- 
ful legislator.  His  selections  of  members  to  compose  the 
committees  of  the  senate,  were  exceedmgly  judicious. 

As  soon  as  Mr.  Charles  Stebbins,  in  consequence  of  his 
terra  of  service  as  senator,  became  eligible  to  receive  an 
appointment  from  the  governor  and  senate,  he  was  ap- 
pointed a  bank  commissioner  on  the  part  of  the  state. 
This  was  an  excellent  appointment,  and  was  received  well 
by  the  banks  and  by  the  public  in  general.  George  R. 
Davis  of  Troy,  and  James  Rees  of  Geneva,  were  elected 
to  the  same  office  by  the  banks. 


1830.] 


OF    NEW-YORK. 


327 


The  New-York  banks  now  petitionerl  die  legislature  for 
«ome  modification  of  the  safety  fuml  law,  and  for  charters 
under  that  act.  Gen.  Root  declared  his  opposition  to  the 
?afety  fund  law,  and  his  chagrin  at  the  conduct  of  the 
New-York  banks,  in  so  soon  abandoning  the  ground  they 
liad  taken,  in  opposition  to  the  principles  of  banking  pre- 
scribed by  that  statute  ;  and  he  carried  his  opposition  so 
far  as  to  oppose  the  re-chartering  of  the  New- York  banks. 
Mr.  Granger  also  declared  his  decided  hostility  to  the 
safety  fund  system  of  banking,  but  manifesed  his  willing- 
ness to  charter  the  New-York  banks,  if  they  were  desirous 
to  obtain  charters  under  regulations  which  he  deemed  im 
politic  and  unjust. 

It  was  alleged  that  Gen.  Root  had  been  an  applicant 
for  the  office  of  bank  commissioner,  and  had  been  an  un- 
successful candidate.  If  I  rightly  recollect,  Mr.  Mann 
of  Herkimer,  charged  this  to  be  the  fact,  on  the  floor  of 
the  house,  and  insinuated  that  his  opposition  to  the  safety 
fund  law  grew  out  of  the  indignation  he  felt  on  account 
of  his  disappointment.*  It  is  however  certain  that  Gen. 
Jackson  never  was,  with  Mr.  Root,  a  favorite  candidate, 
and  that  for  that  and  other  causes,  he  had  for  some  time 
past  manifested  cold  and  unkind  feelings  towards  Mr. 
Van  Euren.  As  the  safety  fund  law  was  considered  a 
favorite  measure  of  Mr.  Van  Buren,  and  the  only  impor- 
tant one  which  distinguished  his  administration,  may  no^ 
Mr.  Root's  hostility  against  the  measure  have  been  sharp 
ened  and  increased  by  a  desire  to  render  Mr.  Van  Buren 
unpopular  1  From  this  periot!  we  are  to  date  the  com 
mencement  of  that  opposition,  on  the  part  of  Gen.  Root, 
to  the  dominant  party  in  the  state,  which  resulted  in  his 
total  separation  from  them. 

The  canal  commissioners,  on  the  2lst  of  January,  sent 
to  the  assembly  their  annual  report,  in  which  they,  among 
other  things,  stated  that,  in  obedience  to  the  act  passed  f 

'  I  believe  this  scene  occurred  at  Washington,  and  not  at  Albany. 


328  POLITICAL    HISTORY  [1830. 

the  preceding  session,  of  which  I  have  given  an  account 
in  the  last  chapter,  they  had  examined  and  again  surveyed 
and  explored  the  route  for  the  Chenango  canal,  and    that 
from  the  result  of  that  examination  they  could   not,  con- 
sistent with  the  terms  of  the  law,  commence  the  construc- 
tion of  it.     That  it  would  cost  more  than  a  million  of  dol- 
lars, and  that  "  in  regard  to  its  revenue,  it  would  not  pro- 
duce an  aniount  of  tolls,  in  connection  with  the  increased 
tolls  on  the  Erie  canal,  that  would  be  equal  to  the    inter- 
est of  its  cost,  and  the  expense  of  its  repairs  and  superin- 
tendence, or  of  either  of  iheraP     Their  report  was  long 
and  able,  and  showed  clearly  that  the  conclusions  to  which 
they  arrived  were  founded  on  facts  and  reasoning  in  which 
they  could  not  be  mistaken.*     Tliis   report  was  followed 
by  another  from  the  comptroller,  in  which,  in  his  own  mas- 
terly, clear  and  convincing  manner,  with  which  the  public 
are  now  well  acquainted,  he  exhibited  the  condition  of  the 
till. (Is  of  the  state,  and  proved  that  the  state  ought  not  to 
incur  aiiy    additional  expenditures,  without    at    the    same 
liiiipj  pioviding  for  the  means  of  defraying  such  expenses. 
It  will  be  recollected  that  the  governor's  message  tended 
to  the  same  conclusion.      Eut  in   the  face  of  all  these  ob- 
jections, the  applicants  for  this  improvement  procureil  a 
bill   to  be  introduced   into  the  assembly  peremptorily  di- 
recting the  canal  commissioners  to  proceed  in  niiiking  the 
canal,  which  was  vigorously  and  zealously  supporteil  by 
Mr.  Granger.     It  was  opposed  by  Mr.  Mann  and  gene- 
rally by  the  friends  of  the  state  government,  and  lost  by 
a  vote  of  sixty-one  to  fifty-one. 

*Tt)e  report  of  the  commissioners,  and  at  any  rate,  the  part  of  it  referred  to  in  the 
te.Tt,  was  evidently  drawn  by  Col.  Young.  It  contained  internal  evidence  that  the 
commissionerii  had,  with  great  pains  and  labor,  failhtully  discharged  their  duty 
The  firm  and  decided  stand  taken  by  Col.  Young  against  the  construction  of  this 
canal,  notwithstanding  the  ^reat  pressure  of  influence  v.hich  must  h-.ve  been 
brought  to  bear  upon  him,  affords  high  evidence  of  his  integrity  as  a  public  officer, 
and  of  iuilependence  as  a  man.  Unhappily  for  the  state,  the  estimates  and  pre- 
dictions contained  in  the  report  of  the  commissioners  have  since,  by  experience 
been  proved  literally  and  strictly  correct. 


I630,J  OF   NEW-YORK.  329 

On  the  12l.h  of  February,  Mr.  Abraham  Keyser  was  re- 
uppouited  treasurer.  He  receivetl  in  the  senate  twenty- 
two  votes,  and  Mr.  George  Merchant  four.  In  the  assem- 
bly Mr.  Merchant  received  twenty-three  votes,  and  Mr. 
Keyser  eighty-six.  Mr.  Merchant,  from  the  year  1798, 
down  to  the  late  schism  in  the  democratic  ranks,  had  been 
a  steady  and  leading  republican,  and  was  almost  by  pre- 
scription the  chairman  of  the  lepublican  general  commit- 
tee. As  he  advanced  in  age,  young  and  efficient  men  took 
the  political  field  and  bore  away  the  spoils,  leaving  nothing 
for  the  worn  out  soldier.  In  his  old  age,  therefore,  he  was 
fain  to  try  his  fortune  in  the  ranks  of  the  opposiiion.  He 
did  not  live  to  enjoy  the  fruits  of  the  victory  which  his 
new  frienfis  afterwards  obtained.  Had  he  have  lived,  it 
is  very  doubtful  whether  his  success  would  have  been  bet- 
ter among  his  new  than  it  had  been  among  his  old  friends. 
Those  who  have  the  disposition  of  governmental  patron- 
age, are  always  inclined  to  bestow  it  in  such  a  manner  as  to 
add  the  greatest  amount  of  strength  to  the  dominant  party, 
or,  to  use  the  v.'ords  of  Mr.  Van  Euren,  where  "  it  will 
have  a  good  effect.''''  You  want  young  men  for  war;  old 
men,  therefore,  are  generally  overlooke;^  in  the  division 
*'  of  the  spoils."  Let  no  old  man  change  his  political 
position,  unless  he  does  it  purely  "for  conscience'  sake." 

On  the  12th  of  March,  Mr.  Lush  of  Albany,  offered  a 
resolution  in  the  assembly,  "  instructing  the  bank  commit- 
tee to  inquire  as  to  the  expediency  of  prohibiting  the  cir- 
(  ilation  of  all  bank  notes  of  a  less  denomination  than  five 
dollars.  Mr.  Lush  said  the  effect  of  such  prohibition  in 
Pennsylvania  had  been  to  throw  out  of  circulation  all  the 
trash  of  small  bills  and  give  a  wholesome  specie  currency, 
and  he  wished  to  obtain  the  views  of  the  intelligent  bank 
committee  as  to  the  propriety  of  adopting  such  a  course  here 
The  resolution  was  adopted,  forty-nine  to  twenty-three." 


330  POLITICAL    HISTOKV  [1830. 

Mr.  Lush  from  his  boyhood  to  his  death,  claimed  to  be 
and  was  a  unil'orm  fedcrahst.  1  notice  the  resolution,  and 
the  fact  of  the  political  party  to  which  the  mover  belong- 
ed, because  the  democratic  party  have  been  char<:ed  with 
being  the  exclusive  authors  of  the  law  restraining  tiie  issue 
of  small  bills  by  the  banks,  and  because,  in  1838,  that 
j)arty  lost  many  thousands  of  votes  in  consecjuencc  of  the 
restriction.  Mr.  Lush  was  the  first  advocate  of  the  mea- 
sure. 

The  master  builders  in  New-York  had  for  some  time 
been  endeavoring  to  obtain  the  passage  of  a  law  giving 
the  mechanic  a  more  effectual  lien  for  remuneration  for  his 
labor  and  materials  furnished  by  him  in  the  erection  of 
buildings  in  that  city,  upon  the  buildings  themselves,  and 
on  the  lots  upon  which  they  were  respectively  situated. 
Their  efforts  had  not  been  attended  with  the  success  they 
desired.  They  therefore  made  some  attempts  to  get  up  an 
excitement  in  their  favor.  They  combined  with  their  com- 
plaint on  the  subject  to  which  I  have  referred,  an  allega- 
tion that  the  v/orking  men  and  operatives  did  not  receive 
their  due  share  of  the  offices  and  emoluments  which  were 
disposed  of  by  the  state  government.  Upon  such  ground 
they  soon  collected  a  considerable  number  of  persons, 
who  attempted  to  form  themselves  into  a  party,  which 
they  denominated  The  Worki.\g  Men's  Paktv.  They 
of  course  professed  to  recruit  their  ranks  and  be  governed 
by  principles  independent  and  irrespective  of  the  two 
great  political  parties  in  the  state  and  nation,  and  of  the 
anti-masonic  party.  Adhering  m^asons  and  other  men  who 
"ould  not  or  would  not  join  the  anti-masonic  party,  but 
who  were  opposed  to  the  Albany  Regency  and  the  Jack- 
son party,  seeing  no  prospect  of  resuscitating  the  national 
republican  party,  flocked  to  the  standard  of  the  working 
men,  and  in  New-York,  Albany,  Troy  and  Utica,  and  other 
cities  and  villages,   parties  were  soon  formed,  consisting 


1830.] 


OF    NEW-YORK. 


331 


as  well  of  merchants,  lawyers,  physicians  and  s{)cculators, 
as  of  operatives  under  the  general  cognomen  of  u-orliinv 
ynen.  They  professed  among  other  things,  an  opposition 
to  the  monopoly  of  banking,  to  banks  and  bank  paper, 
although  you  might  very  soon  perceive  bank  directors, 
clerks  and  cashiers  figuring  in  their  ranks.  This  party,  if 
it  deserves  the  name  of  a  political  party,  was  too  disjoint- 
ed, and  composed  of  materials  too  heterogeneous  to  con- 
tinue long  in  existence.  The  intelligent  men  who  joined 
it  were  many  of  them  zealous  Clay  men,  and  mingled 
with  it  for  the  purpose  of  preventing  those  who  would 
not  act  with  the  anti-masons  from  acting  with  the  Jackson 
party. 

On  the  IGth  of  April,  a  great  number  of  the  ci;izcns  of 
Albany  congregated  at  the  capitol,  and,  styling  themselv(is 
farmers,  mechanics  and  working  men,  appointed  Elish.a 
Dorr  chairman,  and  Halsey  Woodruff  and  Arnold  Nelson 
secretaries.  After  they  had  organized,  they  adopted  seve- 
ral spirited  resolutions,  and  nominated  Erastus  Root  for 
governor. 

Previous  to  this  meeting,  and  on  the  13th  of  February, 
a  Jackson  legislative  caucus  was  held  at  the  capitol,  of 
which  Judge  Oliver  was  chairman.  This  meeting  Gen. 
Root  had  attended,  and  on  that  occasion  it  was  resolved  to 
hold  a  state  convention  at  Herkimer  for  the  nomination  of 
governor  and  lieutenant  governor.  Gen.  Root  was  there- 
fore honorably  committed  to  abide  and  sustain  the  result 
of  the  Herkimer  nomination.  Either  by  accident  or  de- 
sign the  committee  appointed  to  inform  Mr.  Root  of  his 
nomination  by  the  working  men  did  not  require  of  him 
an  answer  whether  he  would  accept  the  nomination.  He 
therefore  made  no  answer,  and  it  is  probable  he  was  desi- 
rous that  the  question  of  his  acceptance  should  remain 
open  until  after  the  Herkimer  nomination.  He  evidently 
entertained  expectations  of  being  selected  as  the  guberna- 


332  POLITICAL    HISTORY  [1830. 

torial  candidate  by  the  Jackson  convention,  but  in  case  he 
should  in  that  respect  be  disappointed  he  might  he  uncer- 
tain what  course  he  should  then  pursue  towards  the  work- 
ing men.  Or  it  is  possible  he  might  suppose  that  this 
strong  expression  of  the  working  men  in  his  favor  might 
influence  the  minds  of  some  of  the  refractory  members  of 
the  Herkimer  convention  to  support  him,  and  he  did  not 
wish  to  do  any  act  before  the  meeting  of  that  body  which 
might  cool  the  ardor  of  the  working  men  in  his  behalf. 
If  he  entertained  these  calculations,  they  were,  in  the 
month  of  June,  interrupted  by  the  proceedings  of  a  meet- 
ing of  working  men  is  New- York,  who  concurred  in  the 
nomination  made  by  their  friends  at  Albany,  and  address- 
ed a  letter  to  Gen.  Root,  requesting  to  be  informed 
whether  he  accepted  the  nomination.  He  could  not  re- 
fuse to  reply  to  this  request.  His  reply  was  couched  in 
the  most  respectful  terms — but  he  declined  being  a  candi- 
date principally  on  the  ground,  that  he  was  in  honor  com- 
mitted to  support  the  nomination  which  was  to  be  made 
by  the  Herkimer  convention,  provided  that  nomination 
was  ffiirly  made.  He  does  not  deny,  but  tacitly  admits 
the  allegation  niade  by  the  New-York  committee,  of  the 
existence  of  evils  and  the  abuse  of  power,  in  the  manage- 
ment of  public  concerns  by  the  dominant  party  lor  the 
last  twelve  months.  He  recommends  an  attempt  to  reform 
in  preference  to  an  effort  to  destroy  the  party.  "I  would 
rather,"  says  he,  "  avivise  a  suspension  of  amputation  till 
the  malady  becomes  extreme." 

Another  consideration  might  have  had  its  effect  on  the 
mind  of  General  Root.  He  knew  the  anti-masons  would 
vote  for  Mr.  Granger,  and  he  knew  the  force  of  discipline 
among  the  Jackson  party,  and  that  the  great  mass  of  them 
would  vote  for  the  candidate  regularly  nominated  at  the 
Herkimer  convention.  He,  therefore,  must  have  been 
very  sure  that,  as  the  working  men's  candidate,  he  would 


1830.]  OF    NEW-YORK.  333 

be  defeated.  He  knew,  too,  that  in  case  he  failed  of  the 
nomination  at  Herkimer,  he  would  be  nominated  and 
elected  a  member  of  congress.  A  less  calculating  man 
than  General  Root  would  have  preferred  the  certainty  of 
being  elected  a  member  of  congress  to  the  certainty  of 
being  a  defeated  candidate  for  governor. 

The  legislature  adjourned  on  the  20th  of  April. 

I  ought  perhaps  to  have  stated,  that  at  the  legislative 
caucus  held  on  the  13th  of  February,  although  Gen.  Jack- 
son had  not  then  been  in  office  a  year,  it  was  resolved  that 
he  ought  to  be  again  nominated  for  the  presidency.  .  This 
movement  was  probably  made  at  the  suggestion  of  Mr. 
Van  Buren,  or  some  of  his  confidential  friends.  It  was 
well  known  that  Mr.  Van  Buren  expected  to  be  the  suc- 
cessor of  Gen.  Jackson.  This  would  afford  evidence  of 
the  ardent  personal  attachment  of  Mr.  Van  Buren's  imme- 
diate friends  to  Gen.  Jackson,  and  aid  in  securing  to  Van 
Buren  the  continued  confidence  and  support  of  the  presi- 
dent. It  might  also  remove  any  jealousy  from  the  mind 
of  Jackson,  that  Van  Buren  was  in  such  haste  as  to  desire 
"  to  push  him  from  his  stool." 

M.  M.  Noah,  former  editor  of  the  National  Advocate, 
and  afterwards,  in  connexion  with  Colonel  James  Watson 
Webb,  editor  of  the  New-York  Courier  and  Enquirer,  was 
nominated  by  the  president,  surveyor  of  the  port  of  New- 
York,  and  Amos  Kendall,  fourth  auditor  of  the  treasury. 
The  nomination  of  Mr.  Noah  was  rejected  in  the  senate 
by  a  vote  of  twenty-five  to  twenty-three,  and  that  of  Mr 
Kendall  was  confirmed  by  the  casting  vote  of  the  vice-pre 
sident,  (Mr.  Calhoun.)  From  the  subsequent  political 
course  of  Maj.  Noah,  it  is  not  improbable  that  he  charged 
his  rejection  to  the  management  or  mismanagement  of  Mr. 
Van  Buren.  Much  has  been  said,  and  indeed  continue? 
to  be  said  and  alleged  against  the  character  and  merits  ot 
Mr.  Noahj  and  although  I  can  not  speak  much  from  per- 


334  POLITICAL    HISTORY  [1830. 

sonal  knowledge  of  him,' I  may  be  allowed  to  remark, 
that  in  my  judgment,  many  ill  founded  and  \indeserved 
animadversions  have  been  made  upon  him.  That  liis  poli- 
tieal,  or  rather  his  \r<iv[y  principles,  set  rather  loosely,  too 
loosely,  upon  him,  may  be  true;  but  he  is  frank,  open  and 
unreserved,  generous  and  kind  in  his  nature.  As  a  writer, 
he  certainly  possesses  talents  of  a  high  order;  as  a  wii,  he 
stands  amongst  the  first  in  New-Yoik,  and  perhaps  in 
America.  His  sarcasm  is  not  of  that  vindictive  character 
which  wounds  your  feelings,  but  is  played  off  in  that  good 
natured  style  and  manner,  that  if  you  are  the  subject  of 
it,  you  can  hardly  fail  of  being  amused  by  it,  and  of  join- 
ing in  the  laugh  against  yourself. 

The  anti-masons  held  a  state  convention  in  August  at 
Utica,  for  the  nominalion  of  state  officers.  Forty-eight 
"ounties  were  represented,  and  one  hundred  and  four  dele- 
gates were  present.  They  unanimously  nominated  Francis 
Granger  for  governor,  and  they  selected  Samuel  Stevens, 
a  respectable  lawyer  of  the  city  of  New-York,  as  a  candi- 
date for  lieutenant  governor.  Mr.  Stevens  was  in  some 
respects  identified  with  the  working  men's  party  in  New- 
York.  He  received  eighty-four  votes,  while  Mr.  John 
Crary,  who  was  a  candidate  for  re-nomination,  obtained  but 
seventeen.  This  was  a  well  merited  rebuke  for  his  con- 
duct at  the  last  gubernatorial  election. 

At  the  Herkimer  convention,  on  the  8th  September,  a 
pretty  fierce  contest  ensued  between  the  friends  of  Gen. 
Root  and  Lieutenant  Governor  Throop.  They  first,  in 
order  to  sound  the  individual  views  of  the  members,  took 
an  informal  ballot,  which  resulted  in  seventy-eight  voles 
for  Throop,  forty  for  Root,  four  for  Savage,  and  one  for 
Sanford.  The  friends  of  Root  then  made  an  effort  to  ad- 
journ for  a  short  time,  which  proved  unsuccessful,  and 
upon  a  second  ballot  Mr.  Throop  received  ninety-three 
votes  and  was  declared   duly  nominated.     A  resolul'on, 


1830.]  OF   NEW-YORK.  335 

prepared  by  Mr.  Silas  Wright,  that  E.  T.  Throop  was 
unanimously  nominated,  was  opposed  by  the  friends  of 
Root — but  finally  passed  with  some  modification.  The 
convention  also  had  some  difliculty  in  selecting  a  candi 
date  for  lieutenant  governor.  But  Edward  P.  Livingston 
finally  received  seventy-seven  votes  and  was  declared  nom- 
inated. Mr.  Jesse  Buel  received  eleven  votes,  and  Mr.  John 
Tracy  of  Oxford,  twenty-eight.  Neither  of  these  can- 
didates could  be  said  to  be  personally  popular.  Mr. 
Throop  was  not  a  favorite  with  the  people.  His  manners 
were  not  fascinating,  and  although  he  was  unquestionably 
a  man  of  sound  mind  and  good  judgment,  his  talents 
were  not  of  that  brilliant  kind  calculatetl  to  procure  for 
him  admirers  among  any  class  of  men.  His  best  recom- 
mendation to  his  political  friends  was,  that  he  was  an 
unwavering  and  inflexible  party  man. 

I  have  before  remarked  that  Mr.  Livingston  was  a  dull, 
heavy  minded  man.  He  had  all  the  arisiocratic  pride  of 
his  family  williout  the  briliant  talenls  by  which  Peter  R. 
Livingston  and  many  others  of  its  members  were  deserv- 
edly distinguislied.  In  all  respects  he  was  the  anr.pode 
of  the  imaginative  and  eloquent  Peter  R.  Liviiigplnn. 

After  these  nominations,  a  small  poiiion  of  l lie  working 
men  who,  I  presume,  were  instigated  by  adhtring  masons, 
sill!  persisted  in  holding  up  a  candidaie  for  governor,  and 
a  man  by  the  nameof  Ezekiel  WiHiarns,of  Ca)  uga  county, 
was  nominated  for  that  ofiice  by  a  lew  peisons  who  as- 
sen.bled  in  New-Yoik.  Others  of  tlie  working  nren  still 
persi;-;tfd  iti  a  dfteriaination  to  supj)ort  Gt-n.  Root.  The 
conduct  of  Mr.  Root  himself  must  have  been  rather  equi- 
vocal, for  so  late  as  the  1st  of  October,  Judge  .l^ostwick 
and  two  oiiier  citii-:ens  of  Delaware  coinuy,  addressed  him 
a  note  inquiring  whether  in  reality  he  was  a  candidate  for 
the  ofhce  of  governor .  Mr.  Root  promptly  answered 
this  inquiry  in  the  negative — but   this   I   believe  was  after 


336  POLITICAL     HISTUni  [1830. 

or  about  the  time  he  was  nominated  for  congress.  The 
correspondence  was  deemed  of  sufficient  importance  to  be 
published.  In  a  short  time  however  after  the  Herkimer 
nominations  were  announced,  the  great  mass  of  electors 
in  the  state  declared  themselves  either  for  Throop  or  for 
Granger. 

The  result  of  the  election  astonished  all  men.     It  was 
as  follows: 

Throop.  Granger. 


First  District, 

16,lu8 

10,957 

Second  District, 

17,368 

11,464 

Third  District, 

17,647 

11,673 

Fourth  District, 

16,986 

11,193 

Fifth  District, 

18,765 

14,498 

Sixth  District, 

14,317 

>6,639 

Seventh  District, 

15,218 

17,052 

Eighth  District, 

13,433 

26,385 

128,842 

120,361 

Majority  for  Throop,  8,481. 

Ezekiel  Williams  received  2,332  votes  for  governsr 

Every  one  was  astounded  at  the  prodigious  vote  gjven 
to  Granger  in  the  eighth  district,  while  their  surprise  was 
not  less  at  the  strong  vote  obtained  by  Throop  in  the 
second,  third,  fourth  and  fifth  districts.  The  change  in 
the  sixth  district,  which  in  1829,  gave  Mr.  Beardsley  a 
majority  of  about  six  thousand,  and  which  now  gave 
Granger  a  majority  of  more  than  two  thousand,  was  not 
less  unexpected. 

It  was  the  masons  of  the  counties  bordering  on  the 
North  river,  and  their  influence,  which  gave  Mr.  Throop 
the  election.  So  alarmed  had  they  become  at  what  they 
deemed  the  proscribing  and  persecuting  spirit  of  afiti-ma- 
sonrv,  that  much  as  they  disapproved  of  Gen.  Jackson, 
and  the  Albany  Regency,  they  prefcrrt^d  evtn  their  as- 


1830.]  OF    NEW-YORK.  337 

cendancy  to  the  domination  of  anti-masonry.  Thus  the 
county  of  Rensselaer  gave  Throop  one  thousand  nine  hun- 
dred an  eighteen  majority-  Albany  upwards  of  nine  hun- 
jlred;  Columbia  more  than  eight  hundred;  Ulster  and  Or- 
ange together,  over  two  thousand;  Westchester  one  thou- 
sand seven  hundred  and  seventy-seven;  and  Montgomery 
one  thousand  seven  hundred  and  forty-nine.  These  majo- 
rities can  not  be  accounted  for  on  any  other  principle  than 
the  one  I  have  suggested. 

On  the  other  hand  it  appears  that  the  inhabitants  in  the 
valley  of  the  Chenango  abandoned  their  political  princi- 
ples and  party  partialities,  for  the  purpose  of  manifestino 
their  indignation  at  the  opposition,  by  the  Albany  Regen- 
cy, to  their  favorite  canal  project,  and  their  gratitude  to 
Mr.  Granger.  Thus  the  county  of  Chenango,  which  con- 
tained a  legitimate  Jackson  majority  of  perhaps  six  hun- 
dred, gave  Mr.  Granger  a  majority  of  more  than  one  thou 
sand.  His  majority  in  the  little  county  of  Broome  was 
nearly  as  large.  In  point  of  fact,  the  electors  of  Che- 
nango and  Broome  counties  voted  with  a  view  to  the  local 
question  in  which  they  had,  as  they  believed,  so  great  and 
so  absorbing  an  interest. 

The  following  senators  were  chosen  : 

From  the  First  District,  Jonathan  S.  Conkling, 
"  Second     do.,  David  M.  Westcott, 

"  Third       do.,  Herman  I.  Quackenboss, 

"  Fourth     do.,  William   I.  Dodge, 

"  Fifth        do.,  Henry  A.  Foster, 

"  Sixth,       do.,  Charles  W.  Lynde, 

"  Seventh,  do.,  William  H.  Seward, 

*'  Eighth     do.,  Trumbull  Cary  and 

Philo  C.  Fuller. 

It  ought  to  be  noted  that  during  the  wmter  of  1830  the 
anti-masons  afforded  the  first  indication  of  their  design  to 

V 


338  POLITICAL     HISTORY  [1830. 

become  a  stnte  ])oHtical  party.  Until  this  period,  accord- 
ing to  the  statement  contained  in  Chapter  XXXVIII.  they 
had  acted  entirely  from  the  impulse  of  feeling,  produced 
by  the  outrage  upon  Morgan,  and  the  danger  they  appre- 
hended in  the  immediate  vicinity  of  that  outrage,  from  suf- 
fering the  executive  and  judicial  powers  of  that  commu- 
nity to  remain  in  the  hands  of  masons,  who  had  furnished 
such  a  demonstration  of  their  determination  to  regulate 
their  conduct  according  to  the  absurd  rules  and  obliga- 
tions of  masonry,  even  when  those  obligations  required 
them  to  violate  the  fundamental  and  most  sacred  provis- 
ions of  the  municipal  law.  But  they  now  began  to  taste 
a  little  of  the  sweets  of  power,  and  it  was  savoury  to  their 
palate.  They  thought  that  the  same  powerful  excitement 
Avhich  had  criven  the  eighth  district  thirteen  thousand  ma- 
jOrity — a  majority  of  about  two  to  one — would  in  time 
extend  itself  through  the  state.  Although,  for  causes 
which  must  be  obvious  to  every  reflecting  man  who  has 
made  himself  acquainted  with  the  history  of  popular  ex- 
citem,ents,  they  in  this  respect  misjudged,  it  must  be  con- 
fessed that  their  measures  were  exceedingly  judicious  and 
well  contrived  for  accomplishing  the  end  they  had  in  view. 
They  sent  to  the  legislature  their  most  talented,  worthy 
and  influential  citizens.  Trumbull  Cary  and  Robert  C. 
Nicholas  were  men  of  wealth  and  personally  very  highly 
esteemed.  William  II.  Seward,  Albert  H.  Tracy,  Jolm 
C.  Spencer,  Francis  Granger,  William  II.  Maynard,  Jolm 
Blrdsall  and  Millard  Fillmore,  were  all  men  whose  talents 
•would  have  done  credit  to  any  deliberative  body  ;  and  the 
i^ddress  and  eloquence  of  some  of  them  v,  ould  have  added 
lustre  to  any  legislative  assembly  in  the  world. 

The  anti-masons  did  not  stop  here.  In  the  latter  part 
of  the  winter  of  1830,  they  established  at  the  seat  of  go- 
vernment the  Albany  Evening  Journal,  under  the  edi- 
torial management  of  Thurlow  Weed,  then  a  member  of 


1830.]  OF    NEW- YORK.  339 

the  assembly  from  the  county  of  Monroe,  and  one  of  the 
most  shrewd  and  sagacious  political  editors  and  ca^le- 
eyed  politicians  the  state  of  New-York  ever  produced. 
Mr.  Weed  was  a  self-made  man.  He  had,  when  a  boy, 
learned  the  mechanical  art  of  printing  at  a  small  printing 
establishment  in  a  country  village;  but  at  this  period  of 
his  life,  he  gave  little  promise  of  becoming  respectable, 
even  as  a  mechanic;  for  his  habits  were  extremely  reck- 
less, and  he  was  indisposed  to  any  regular  course  of  indus- 
try. Influenced  by  a  propensity  for  roving,  or  excited 
by  youthful  ardor,  the  bustle  and  parade  of  military  life 
so  far  fascinated  him,  that  in  the  early  part  of  the  late  war 
with  Great  Britain,  he  enlisted  as  a  private  or  a  musician 
in  one  of  the  volunteer  regiments  of  militia,  and  continued 
in  the  service  during  some  part  of  that  war.  When,  in 
1815,  peace  was  concluded  and  the  corps  to  which  he 
belonged  was  discharged,  he  was  cast  upon  the  world, 
without  friends,  without  money,  comparatively  speaking, 
without  education,  and  with  habits  illy  calculated  to  ad- 
vance him  in  life  as  a  man  of  business.  He  was  not  dis- 
heartened. He  resumed  the  trade  which  he  had  learned 
when  a  boy.  He  reformed  his  habits,  and  became  indus- 
trious and  economical.  When,  as  a  journeyman  printer, 
he  had  established  a  character  for  industry  and  sobriety, 
and  accumulated  a  small  stock  of  funds,  he  established  a 
newspaper  in  the  county  of  Chenango;  from  thence  he 
removed  to  the  county  of  Onondaga,  and  shortly  after- 
wards to  Rochester,  in  the  county  of  Monroe,  where  he 
printed  and  edited  a  Clintonian  paper.  In  this  place  he 
acquired  so  much  influence  and  standing  by  his  talents  as 
a  writer  and  activity  as  a  politician,  that  in  1824  he  was 
elected  one  of  the  members  of  assembly  from  that  county. 
When  the  outrage  on  Morgan  was  committed,  he  took  a 
most  decided  stand  against  the  masons,  and  his  paper 
soon  become  a  leading  anti-masonic  journal.     He  is  now 


340  POLITICAL     HISTORY  [1830. 

the  printer  to  the  state.  His  faults  as  an  editor  and  poli- 
tician are,  I  regret  to  say,  too  common  with  the  conduc- 
tors of  political  papers  of  both  parties;  he  pursues  what  he 
opf  ms  to  be  the  interest  of  his  party  with  too  little  regard  to 
the  feelings  of  his  opponents;  his  attacks  are  severe,  and 
sometimes  more  gross  than  is  suited  to  the  dignity  which 
ought  to  characterize  a  leading  political  journal.  But  every 
thing  written  by  him  affords  evidence  of  a  powerful  mind. 
His  sarcasms  are  keen,  and  his  wit  is  pungent.  He  knows 
how  to  touch  the  most  sensitive  part  of  his  adversary. 
Every  blow  he  strikes  is  felt.  Few  editors  in  America 
possess  more  of  party  tact  than  Thurlow  Weed.  He  af- 
fords one  decisive  evidence  of  being,  by  nature,  a  great 
man.  He  has  risen  from  an  obscure  situation  in  life  to 
considerable  eminence,  and  in  all  the  positions  which  he 
has  occupied,  he  has  discovered  new  resources  of  mind, 
fully  adequate  to  those  powers  which  were  requisite  to 
successfully  meet  the  exigency. 

In  this,  as  yet  free  country,  no  young  man  of  talent  and 
enterprise  ought  to  entertain  a  doubt  but  that  industry  and 
patient  perseverance  will  secure  to  him  ultimate  success.  • 

Not  long  after  the  election  in  November,  a  meeting  was 
got  up  in  BujBfalo,  attended  by  Gen.  P.  B.  Porter  and 
Judge  Rochester,  at  which  very  spirited  resolutions  were 
adopted  in  favor  of  the  protection  of  American  manufac- 
tures. There  can  be  little  doubt  but  that  the  object  of 
this  meeting  was  to  prepare  the  public  mind,  in  the  state 
of  New-York,  for  the  support  of  Henry  Clay  as  the  next 
candidate  for  the  presidency  ;  for,  a  few  days  after,  (Dec. 
16,)  a  public  meeting  was  held  in  the  city  of  New-York, 
of  which  John  L.  Lawrence  was  chairman  and  Isaac  Mi- 
nard  and  Peter  Sharpe  secretaries,  where  Mr.  Clay  was 
publicly  nominated  for  the  presidency. 

In  the  latter  part  of  the  summer  of  1830,  Nicholas  F. 
Beck,  adjutant  general  of  the  state,  died  at  Albany.     He 


1830.]  OF   NEW-YORK.  341 

received  his  appointment  from  Gov.  Clinton,  and  continued 
under  his  successors  to  hold  the  office  until  his  death. 
Perhaps  the  death  of  no  person  of  his  a^e,  (he  was  a  young 
man  and  brother  of  the  learned  and  estimable  Dr.  T.  Ro- 
meyn  Beck,  principal  of  the  Albany  Academy,)  would  have 
been  more  felt  or  deeply  lamented.  He  possessed  re- 
spectable talents,  and  was  one  of  the  most  amiable  men, 
as  a  member  of  society,  I  ever  knew. 

When  the  office  of  adjutant  general  became  vacant  by 
the  death  of  General  Beck,  Gov.  Throop  appointed  Maj. 
John  A.  Dix,  of  Cooperstown,  who  had  been  one  of  the 
aids  of  Gen.  Jacob  Brown.  Mr.  Dix  was,  I  believe,  a 
native  of  New  Hampshire.  He  had  been  regularly  edu- 
cated at  one  of  the  eastern  colleges,  and  is  justly  distin- 
guished for  his  classical  knowledge  and  literary  attain- 
ments. He  is  an  accomplished  and  able  writer.  He 
was  at  Washington  in  the  family  of  Gen.  Brown  in 
1824-6,  and  so  long  as  Mr.  Calhoun  was  a  candidate  for 
the  presidency,  Mr.  Dix,  in  common  with  most  of  the 
gentlemen  of  the  army,  was  his  zealous  friend  and  sup- 
porter. Not  long  after  the  election  of  Mr.  Adams,  he 
married  the  daughter  of  a  wealthy  and  respectable  citizen 
of  New-York  and  came  to  reside  in  this  state.  Soon  after 
he  came  here  he  manifested  a  determination  to  support  the 
party  then  in  the  majority  in  the  state,  and  has  ever  since 
acted  zealously  with  that  party. 

From  the  character  and  talents  of  Mr.  Dix,  and  more 
especially  from  the  knowledge  he  had  acquired  of  military 
science  while  in  the  service  of  the  United  States,  his  se- 
lection by  Gov.  Throop  as  adjutant  general  was  very  ju- 
dicious, and  the  appointment  was  generally  approved  of 
by  the  public. 


342  POLITICAL    HISTORY  [1831. 


CHAPTER   XXXVII. 

FROM  JANUARY  1,  1331,  TO  JANUARY  1,  1832. 

The  most  distinguished  member  the  late  election  brought 
into  the  senate  was  William  H.  Seward,  the  present  go- 
vernor of  the  state,  who  had  been  chosen  by  the  anti-ma- 
sonic party  of  the  seventh  district.  Mr.  Seward  was  quite 
a  young  man,  I  believe  barely  eligible  to  the  office  of 
senator.  He  had  been  bred  and  educated  a  democat, 
and  from  the  time  he  was  of  a  sufficient  age  to  take  any 
part  in  the  politics  of  the  day,  he  had  uniformily  acted 
with  the  democratic  party.  When  the  anti-masonic 
question  excitod  the  attention  of  the  people  of  Cayuga 
county,  (the  county  in  which  he  commenced  his  pro- 
fessional life,)  he  declared  himself  an  anti-mason.  In  the 
summer  of  1830,  he  was  a  delegate  to  the  young  men's 
anti-masonic  state  convention,  which  met  at  the  city  of 
Utica,  and  was  chairman  of  that  assembly. 

It  is  not  a  little  singular  that  so  young  a  man  should 
have  been  placed  by  any  political  party  on  the  senatorial 
ticket.  His  nomination  was  probably  owing  to  two 
causes.  The  first  was  his  great  personal  popularity,  and 
the  second  the  improbability  that  any  person  nominated 
by  the  anti-masons  would  be  elected.  Had  the  election 
been  considered  as  certain,  or  even  probable,  it  is  most 
likely  that  older  men  of  greater  influence  would  have  soli- 
cited and  obtained  the  nomination  in  preference  to  Mr. 
Seward. 

Of  the  talents  of  Mr.  Seward,  I  need  not  speak. 

Mr.  Foster  of  Oneida  county,  came  this  year  into  the 
senate.  He  possessed  a  respectable  standing  as  a  lawyer 
at  Rome,  which  was  then  and  now  is  his  place  of  resi 


1831.]  OF    NEW- YORK.  343 

dcnce,  and  he  soon  disUnguishcd  hiniself  as  an  acl'ne  and 
efficient  legislator.  Mr.  Dodge,  from  Montgomery  coun- 
ty, another  new  member,  also  was  a  practising  lawyc. 
Both  these  gentlemen  were  zealous  supporters  of  the  ad- 
ministration of  General  Jackson. 

In  the  assembly  the  anti-masonic  party,  although  they 
had  lost  Mr.  Granger,  had  selected  in  his  place  Mr.  John 
C  Spencer,  a  gentleman  whose  great  talents  and  industry 
were  then,  as  now,  well  known  and  universally  admitted. 
But  either  owing  to  a  defect  in  personal  address,  or  to  an 
acerbity  of  temper  and  disposition,  or  a  lack  of  prudence  and 
discretion,  or  the  union  of  all  or  the  greater  part  of  these 
causes,  Mr.  Spencer's  personal  influence  in  the  assembly 
was  far  less  than  Mr.  Granger's  had  been. 

John  Eirdsall,  from  Chautauqua,  late  circuit  judge,  also 
added  to  the  strength  of  the  anti-masonic  party  in  the  as- 
sembly. 

The  Jackson  party  was,  I  think,  better  represented  in 
the  assembly  than  it  had  been  the  year  before.  Charles 
L.  Livingston  was  again  returned  from  the  city  of  NeAV- 
York,  and  Peter  Robinson  from  the  county  of  Broome. 
There  were  also  several  new  members,  whose  talents  and 
character  added  strength  and  respectability  to  the  parly  in 
the  house.  Among  these  may  be  mentioned  Dudley  Sel- 
den,  from  the  city  of  New-York,  a  young  man  already 
distinguished  for  his  legal  learning  and  eloquence  at  the 
bar;  E.  B.  Morehouse  of  Otsego;  George  R.  Davis  of 
Rensselaer;  Schuyler  Crippen  of  Otsego;  and  John  W. 
Edmonds  of  Columbia. 

General  Davis  of  Rensselaer  county,  was  chosen  speak- 
er. He  received  ninety-one  votes,  and  Mr.  J.  C.  Spencer 
thirty,  a  vote  wlftch  I  presume  exhibits  the  relative  strength 
oi"  parties  in  the  house. 

I  am  not  advised  what  were  the  proceedings  in  the  cau- 
cus of  the  Jackson  members  on  the  evening  previous  to 


344  POLITICAL    HISTORY  [1S31. 

the  meeting  of  the  let::islature.  As  Mr.  Robinson  had 
once  before  been  speaker,  one  would  naturally  expect 
that  in  the  absence  of  General  Root,  he  would  have  been 
selected ;  but  laying  out  of  view  the  superior  talents 
of  General  Davis,  I  can  readily  imagine  that  from  the 
great  vote  given  at  the  last  election  for  Mr.  Granger  in 
Broome  county,  Mr.  Robinson  may  have  been  suspected 
of  having  either  directly  or  indirectly  aided  that  defec- 
tion J  and  such  a  suspicion  was  sufficient  to  prevent  his 
nomination  as  speaker. 

The  governor,  in  his  annual  message,  introduces  him- 
self to  the  legislature  by  applauding  the  national  adminis- 
tration, and  speaking  in  the  most  tlatlering  terms  of  Gen. 
Jackson,  particularly  of  his  late  veto  message  of  the  May- 
ville  road  bill.  He  then  speaks  of  the  foreign  relations 
of  the  United  Slates  and  e^^'ogizes  our  civil  instituiions 
lie  informs  the  legislature  of  the  continued  encroachmen* 
upon  the  general  fund,  and  recommends  in  substance, 
though  not  in  words,  th^t  that  fund  be  re-imburesd  by  tax- 
ation. He  again  refers  to  the  distribution  of  the  surplus 
revenue  of  the  nation,  which  he  now  imreservedly  recom- 
mends.    On  this  subject,  the  governor  says  : 

"  In  reference  to  the  subject  of  revenue  and  internal 
improvements,  I  submitted  to  the  consideration  of  the  last 
legislature,  the  propriety  of  taking  measures  to  procure 
a  distribution  of  the  surplus  revenue  of  the  United  States. 
The  came  suggestion  was  made  by  the  president  to  con- 
gress, in  his  first  message,  and  has  been  renewed  by  him 
in  his  late  communication  to  that  body.  I  find  also  that 
one  of  my  most  distinguished  predecessors  alluded  to  the 
same  subject  in  his  message  in  1827.  I  esteem  it  of  suffi- 
cient importance  to  renew  the  suggestion,  and  press  it  ear- 
nestly upon  your  consideration.  We  have  the  fullest  as- 
surance that  the  president  will  steadily  adhere  to  his  doc- 
trines regarding  the  power  of  congress  over  roads  and  ca- 


±^r.-- 


m  ®  m  "f  mu  ®  m  W-'  n 


1831.]  OF    NEW-YORK.  345 

nals,  so  that  the  paymen'  of  the  national  debt,  except  the 
three  per  cents,  will  be  provided  for  within  three  years." 

On  the  subject  of  capital  punishment,  Mr.  Throop  sub- 
mits the  following,  in  my  judgment,  exceedingly  judi- 
cious remarks  : 

"  While  I  renew  the  suggestion,  that  the  punishment  by 
death  for  arson  is  incompatible  with  the  philanthropy  of 
the  age,  I  am  impelled  to  add,  waiving  the  question  in 
casuistry,  whether  it  is  proper  in  any  case  to  take  life,  that 
the  punishment  of  death,  in  all  cases  of  mere  technical 
murder,  is  unreasonably  severe.  I  have  adhered  to  a  sense 
of  duty,  in  refusing  to  stay  execution,  in  every  case  of 
clear  murder  within  the  existing  laws  ;  while  I  have  some- 
times felt  that  the  measure  of  punishment  was  dispropor- 
tionately severe  for  the  crime.  I  think  that  a  portion  of 
your  time  might  be  well  employed  in  the  inquiry  whethei 
the  crime  of  murder  can  not  be  so  defined,  or  the  punish- 
ment for  the  minor  species  of  it  so  modified,  as  to  limit 
the  punishment  of  death  to  cases  of  actual  premeditated 
homicide." 

He  recommends  substantially  the  abolition  of  imprison- 
ment for  debt. 

The  message  is  too  long.  It  occupies  more  than  twenty 
pages,  finely  printed,  in  the  senate  journal.  Eut  except- 
ing the  recommendation  of  a  distribution  of  the  surplus 
of  the  national  revenue  among  the  states,  an  error,  if  it  be 
one,  of  which  the  governor  partook  in  common,  at  that  day, 
with  almost  every  other  man,  I  think  the  principles  it  puts 
forth  and  the  measures  it  recommends  are  all  of  them  ex- 
cellent. It  is  well  written,  and  the  style  is  unexception- 
able, if  not  admirable.  In  comparing  it  with  the  procla- 
mation for  thanksgiving,  written  but  little  more  than  a 
month  before  this  message  was  sent  to  the  legislature,  the 
difference  between  them  is  so  striking  as  to  excite  a  doubt 
whether  the  latter  was  the  work  of  his  own  unaided  powers 


346  POLITICAL    HISTORY  [l-:3I. 

The  address  of  the  speaker  (Gen.  Davis,)  on  taking  tlie 
chair,  was  inc)d(  st,  neat  and  elegant.  Indeed  1  think  it 
the  most  peifrct  model  for  a<ldresses  on  such  an  occasion, 
which  ever  came  under  my  notice. 

Very  soon  after  the  legislature  convened,  indications 
were  made,  both  by  members  of  the  legislature  and  in  our 
cities  v.nd  villages,  to  organize  a  C!ay  party  ready  to  take 
the  fieiii  at  the  presidential  election  in  1832.  It  was  well 
settled  that  a  national  convention  shouKI  be  heltl  for  the 
nomination  of  a  presidential  candidate  in  opposition  to 
Gen.  Jackson,  and  it  was  equally  well  understood  that 
Mr.  Clay  would  be  that  candidate.  The  distinctive 
grounds  on  wliich  it  was  proposed  to  put  the  claims  of 
Mr.  Clay,  were  that  he  was  the  great  champion  for  the 
protection  of  domestic  manufactures,  the  personal  unfit- 
ness of  Gen.  Jackson  for  the  proper  execution  of  the  ol- 
fice,  and  the  superior  fitness  of  j\Tr.  Clay.  It  was  first 
proposed  to  hold  a  state  convention  for  the  choice  of  dele- 
gates to  the  national  convention  on  the  10th  of  March, 
but  the  meeting  of  the  convention  was  finally  postponed 
to  the  3d  day  of  June. 

The  term  of  service  of  Mr.  Sanford  in  the  United  States 
senate  would  expire  on  the  fourth  of  March,  and  as  it  was 
I  believe  at  the  time  of  his  election,  understood  that  his 
political  life  was  to  terminate  at  the  expiration  of  his 
senatorial  term,  the  democratic  party,  upon  casting  about 
for  his  successor,  soon  fixed,  with  great  unanimity,  upon 
William  L.  Marcy,  then  a  judge  of  the  supreme  court. 
Mr.  Marcy,  from  the  time  he  entered  the  political  field, 
had  been  the  confidential  friend  of  Mr.  Van  Buren.  That 
he  possessed  intellectual  power  of  high  order,  is  now  uni- 
versally admitted.  He  was  a  scholar,  "  and  a  good  and 
ripe  one,"  and  as  an  accomplished  and  able  political 
writer,  if  he  be  not  superior,  I  must  be  grossly  mistaken 
if  he  is  inferior  to  anv  individual   belono-ing  to  eitlier  of 


IHJJl.]  OF    NEW- YORK.  347 

the  political  parties  in  the  state.  The  elevation  of  his 
mind  has  always  restrained  him  even  when  highly  excited 
by  the  bitterness  of  party  controversy  from  every  thing 
virulent  or  abusive. 

He  was,  on  the  1st  day  of  February,  chosen  senator  by 
a  very  strong  vote  in  both  houses  of  tlie  legislature.  In 
his  communication  to  that  body  advising  them  that  he  ac- 
cepted the  nomination,  he  stated,  that  if  from  a  uant  of 
capacity  he  should  fail  of  properly  discharging  his  duties, 
he  should  have  at  least  some  consolation  growing  out  of 
the  recollection  that  he  had  not  sought  the  office.  Al- 
though I  did  not  belong  to  the  political  party  with  wKich 
Judge  Marcy  was  associated,  I  happened  to  know  that 
this  statement  was  strictly  true,  and  that  he  resigned  the 
office  of  a  judge  of  the  supreme  court,  (in  the  discharge 
of  the  duties  of  which,  during  the  short  time  he  sat  on  the 
bench,  he  acquitted  himself  in  a  manner  satisfactory  to 
the  bar  and  the  public,  and  afforded  decisive  evidence  of 
integrity  and  impartiality,)  and  accepted  that  of  senator 
with  great  hesitation  and  reluctance. 

Samuel  Nelson,  the  present  chief  justice,  then  circuit 
judge  of  the  sixth  circuit,  was  appointed  a  judge  of  the 
supreme  court,  in  lieu  of  Mr.  Marcy.  This  left  a  vacancy 
in  the  office  of  judge  of  that  circuit.  Mr.  Beardsley,  of 
Otsego,  would  probably  have  been  a  candidate,  and  ought 
to  have  been  appointed  to  that  office,  had  he  not  been  con- 
stitutionally ineligible  on  account  of  his  being  at  that  time 
a  member  of  the  legislature.  The  governor,  in  the  first 
instance,  nommated  John  Tracy,  of  Chenango,  for  a 
judge  of  the  sixth  circuit.  Mr.  Tracy,  though  a  man  of 
fair  reputation  and  respectable  talents,  was  not  highly  dis- 
tinguished as  a  lawyer.  It  will  be  recollected  that,  at  the 
Herkimer  convention  he  was  supported,!  presume, by  the 
delegates  from  the  valley  of  the  Chenango,  as  the  demo- 
cratic candidate  for  lieutenant  governor,  and  it  is  not  im- 


348 


POLITICAL    HISTORY 


[1831. 


probable  that  this  appointment  was  now  offered  hitn  with  a 
view  to  sooth  and  satisfy  his  friends,  and  to  convince  the 
advocates  of  the  Chenango  canal,  that  if  the  democratic 
party  were  unwilling  to  make  a  canal  for  them,  they  were 
at  least  willing  to  give  some  of  them  offices,  when  cir- 
cumstances placed  it  in  their  power  to  do  so.  But  the 
Chenango  canal  applicants  were  not  thus  to  be  satisfied. 
Mr.  Tracy  refused  to  accept  the  appointment. 

The  governor,  upon  receiving  notice  that  Mr.  Tracy 
declined  the  office,  appointed  Robert  MonelKthen  a  mem- 
ber of  congress  from  the  county  of  Chenango.  He  accept- 
ed the  office,  and  is  the  present  judge  of  the  sixth  circuit. 
Mr.  Monell  is  a  man  of  excellent  good  sense,  frank  ^nd 
generous  in  his  nature,  and  strictly  honest  and  impartial. 
He  possesses  a  good  legal  mind,  but  is  constitutionally 
averse  to  laborious  mental  application.  Hence  it  is  im- 
possible that  he  can  dispatch  business  rapidly,  and  at  the 
same  time  correctly,  as  a  JVisi  Prius  judge.  No  man  at 
this  day  can  be  an  efficient  judge  without  he  continues  to 
be  an  industrious  and  laborious  student  at  law.  Robert 
Campbell  of  Cooperstown,  a  man  of  great  purity  of  cha- 
racter, was  unquestionably  the  most  learned  and  industri- 
ous lawyer  at  that  time  in  the  district.  I  do  not  know 
whether  he  would  have  accepted  the  appointment  if  it  had 
been  tentlered  to  him,  but  there  were  two  objections  against 
him,  had  he  been  a  candidate.  The  one  was,  although  I 
believe  he  was  then  a  Jackson  man,  he  had  until  recently 
acted  against  the  democratic  party,  and  the  other  that  he 
did  not  live  in  the  valley  of  the  Chenango  canal.  During 
this  winter,  .Tames  Emott,  judge  of  the  second  circuit, 
resigned  his  office,  and  the  governor  and  senate  appointed 
Charles  H.  Ruggles  his  successor.  Mr.  Ruggles  had, 
when  the  contest  was  between  the  Clintonians  and  Buck- 
tails,  been  an  active  and  influential  Clintonian,  but,  with 
Gov.  Clinton,  he  supported  the  election  of  Gen.  Jackson, 


1831.]  or  NEW-YORK,  349 

and  since  that  time  had  acted  with  the  Jackson  party.  He 
has  been  an  exceedingly  useful  judge,  and  is  now  one  of 
the  most  distinguished  jurists  in  the  state.  The  appoint- 
ment was  in  the  first  instance  offered  to  Mr.  Suydam,  who, 
probably  from  a  consciousness  that  his  business  habits  had 
become  too  much  impaired  for  the  proper  discharge  of  the 
duties  appertaining  to  the  office,  declined  it. 

The  charter  of  the  bank  of  the  United  States  would, 
according  to  its  own  limitation,  expire  in  the  year  1836 — 
and  Gen.  Jackson,  in  his  message  to  congress,  in  anticipa- 
tion that  that  institution  would  apply  for  a  renewal  of 
its  charter,  had  expressed  an  opinion  adverse  to  that  mea- 
sure. 

On  the  first  day  of  February,  Mr.  Benton  of  Missouri, 
submitted  to  the  senate  of  the  United  States,  "  the  follow- 
ing joint  resolution,  and  supported  it  in  a  speech  of  two 
hours  and  a  half,  in  which  he  justified  himself  for  bring- 
ing it  forward  at  this  time,  and  earnestly  urged  his  objec- 
tions to  the  renewal  of  the  charter  of  the  bank: 

"  Resolved,  By  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  itt,  Congress  asscmbledj 
That  the  charter  of  the  bank  of  the  United  States  ought 
not  to  be  renewed. 

"  Mr.  Webster  called  for  the  yeas  and  nays  on  the 
question  to  grant  leave  for  the  introduction  of  the  above 
joint  resolution;  and  the  vote  was  as  follows: 

"  Yeas — Messrs.  Barnard,  Benton,  Bibb,  Brown,  Dick- 
erson,  Dudley,  Forsyth,  Grundy,  Hayne,  Iredell,  King, 
M'Kinley,  Poindexter,  Sanford,  Smith  of  S.  C,  Tazewell, 
Troup,  Tyler,  White,  Woodbury — twenty. 

"  JYays — Messrs.  Barton,  Bell,  Burnet,  Chase,  Clay- 
ton, Foot,  Frelinghuysen,  Hendricks,  Holmes,  Johnston, 
Knight,  Livingston,  Marks,  Noble.  Bobbins,  Robinson, 
Ruggles,  Seymour,  Silsbee,  Smith  of  Maryland,  Snrague, 
Webster,  Willey — twenty-three." 


350  POLITICAL    HISTORY  [1831. 

The  opinion  of  the  president  on  this  subject,  succeeded 
as  it  was,  by  this  discussion  in  the  United  States  senate, 
rrused  the  attention  of  the  people  of  the  United  States  to 
this  great  question,  and  the  two  parties  very  soon  took  dif- 
ferent sides  on  it.  The  personal  and  political  friends  of 
Gen.  Jackson  generally  declared  themselves  opposed  to  a 
re-charter  of  the  bank.  In  this  position  they  were  sup- 
ported by  another  interest,  which  was  or  ought  to  have 
been  entirely  detached  from  each  of  the  political  parties. 
The  interest  to  which  I  allude,  was  the  local  banks  char- 
tered by  the  different  states,  and  especially  the  safety 
ftilid  banks  of  New- York.  More  than  two-thiids  of  the  re- 
venue of  the  United  States,  amounting  to  many  millions  an- 
nually, was  paid  into  the  United  Slates  Branch  Bank,  and 
when  there,  was  under  the  absolute  control  of  the  mother 
bank  at  Philadelphia.  The  state  banks  believed,  that  if 
the  United  States  Bank  should  be  annihilated,  these  im- 
mense deposits  would  be  made  in  their  own  vaults,  and 
hence  all  the  benefits  arising  from  these  deposits,  and  alsc 
the  whole  profits  of  the  very  great  circulation  of  United 
States  Bank  notes  would  be  transferred  from  the  United 
States  to  the  slate  banks,  without  compelling  ihem  to 
increase  their  own  capital  to  the  amount  of  a  single  dollar. 
Was  it  in  human  nature,  and  especially,  was  it  in  bank  na- 
ture^ (if  such  an  expression  may  be  tolerated,)  to  resist 
this  prospect  of  adding  to  their  gains  1  Although  proba- 
bly a  majority  of  the  stock  of  the  banks  of  the  state  of 
New-York  was  held  by  citizens  politically  opposed  to  Gen. 
Jackson,  nearly  all  of  those  citizens  either  directly  or  indi- 
rectly supported  him  in  his  opposition  to  the  re-charter  of 
the  bank.  There  were  others,  as  well  of  the  friends,  as 
some  of  the  opponents  of  the  national  administration,  who 
opposed  a  ccntinuance  of  the  existence  of  the  United  States 
Bank  upon  higher  and  more  exalted  motives.  Some  of 
•hese  believed  that  congress  had  not,  by  the  constitution 


1831.]  OF   NEW- YORK.  35  J 

the  power  to  create  a  corporation;  others  believed  the 
power  of  controlling  the  whole  moneyed  concerns  of  this 
country,  and  of  increasing  and  diminishing  at  pleasure  the 
circulating  medium  of  the  nation,  was  too  tremendous  an 
authority  to  be  entrusted  to  twenty-five  menj  while  all 
intelligent  New-Yorkers  agreed,  that  this  charter  enabled 
a  corporation,  located  in  Philadelphia,  a  majority  of  whose 
acting  directors  resided  in  that  city,  to  exercise  a  dan- 
gerous power  over  the  moneyed  and  mercantile  operations 
of  the  great  city  of  New-York.  Many  honest  and  patri- 
otic citizens  were  also  apprehensive  that  such  a  formida- 
ble money  power  might  have,  and  might  be  disposed  to 
exercise,  an  undue  influence  in  the  government  and  legis- 
lation of  the  country. 

The  greater  part  of  the  Jackson  members  of  the  New- 
York  legislature  were  inclined,  for  these  and  other  rea- 
sons, to  support  Gen.  Jackson  in  the  ground  he  had  taken 
against  the  United  Slates  bank.  Accordingly  Mr.  More- 
house of  Otsego,  on  the  fourth  day  of  March,  moved  in 
the  assembly  the  following  concurrent  resolution  : 

"  Resolved,,  That  it  is  the  sentiment  of  this  legislature, 
that  the  charter  of  the  bank  of  the  United  States  ought 
not  to  be  renewed." 

On  the  12th  of  April,  the  house  proceeded  to  consider 
the  resolution.  It  was  opposed  by  Messrs.  Livingston 
and  Selden  of  New- York,  and  Mr.  J.  C.  Spencer.  Mr. 
Selden  made  a  very  able  speech  against  it,  and  moved 
its  postponement  till  after  the  day  fixed  for  the  termination 
of  the  session.  Mr.  Selden's  motion  finally  failed,  there 
being  fifty-five  for  and  fifty-five  agoinst  it. 

On  the  seventh  of  April,  Mr.  Morehouse  again  called 
up  his  resolution  and  made  an  elaborate  and  able  speech 
in  favor  of  its  adoption.  It  was  then  earrieil  by  a  vole  of 
seventy-three  to  thirty-three.  By  this  time  nearly  the 
whole  Jackson  party  in  the  house  had  united  in  support 


3o2  POLITICAL     HISTORY  [1831. 

of  the  resolution  ;  those  who  voted  in  the  negative  were 
nearly  all  either  national  republieans  or  anti-masons.  Mr. 
Livingston  and  Mr.  Selden,  two  of  the  most  distinguished 
members  from  the  city  of  New-York,  did,  however,  not- 
withstandintr  the  matter  had  now  worked  itself  into  a 
party  (juestion,  vote  in  the  negative.  When  the  resolu- 
tion came  into  the  senate,  it  was  opposed  with  great  zeal 
and  ability  in  that  body  by  Mr.  Maynard  and  Mr.  Seward, 
but  was  finally  passed  by  a  vote  of  seventeen  to  thirteen. 
The  only  democratic  members  of  the  senate  who  voted  in 
the  negative,  were  Mr.  Sherman  of  New-York,  Mr.  Rex- 
ford  of  Delaware,  and  Mr.  Bronson  of  Oswego. 

Mr.  Hubbard,  trom  Chenango,  early  in  the  session, 
made  a  report  in  favor  of  constructing  the  Chenango  ca- 
nal, and  introduced  a  bill  for  that  purpose  ;  but  it  was 
lost  in  the  senate  by  a  vote  of  sixteen  to  fourteen,  all  the 
anti-masonic  senators  and  only  five  of  the  democratic  sen- 
ators voting  for  it. 

Mr.  Samuel  Beardsley  having  been  elected  a  member 
of  congress  from  the  county  of  Oneida,  resigned  his  office 
as  United  States  district  attorney,  and  Mr.  N.  S.  Benton, 
of  the  New-York  senate,  was  appointed  in  iiis  place. 
Mr.  Benton,  though  a  little  rough  and  harsh  in  his  address, 
had  become  a  leading  and  efficient  member  of  the  senate. 
His  seat  of  course  became  vacant  upon  his  acceptance  of 
an  office  under  the  government  of  the  United  States. 

About  this  time  Elbert  Herring,  of  New-York,  was 
appointed  by  the  president,  superintendent  of  the  Indian 
department.  The  circumstance  would  not  deserve  to  be 
mentioned,  if  it  were  not  that  Mr.  Herring  was  one  of  the 
old  friends  of  Gov,  Clinton,  who  had  followed  him  in  all 
the  vicissitudes  of  his  political  fortunes,  and  that  this  was 
the  first  and  I  believe  the  only  appointment  made  by  Gen. 
.Tackson,  from  that  class  of  politicians,  in  the  state.  If 
this  appointment  was  made  under  the  advisement  of  Mr. 


1831.]  OF   NEW-YORK.  353 

Van  Buren,  it  strikes  me  he  must  have  known  that  there 
were  other  friends  of  the  late  governor  who  were  Jackson 
men,  and  who  were  more  talented  and  more  eflicient  than 
Mr.  Herring. 

It  is  not  a  little  remarkable,  that  on  the  10th  day  of 
March,  the  following  resolution  passed  the  assembly  with 
out  a  division  : 

"  Resolved,  (if  the  senate  concur  herein,)  That  the  sur- 
plus revenues  of  the  United  States,  beyond  what  shall  be 
deemed  by  congress  necessary  for  the  expenses  of  the 
general  government,  and  a  proper  provision  for  public  de- 
fence and  safety,  ought  to  be  annually  distributed  amon^ 
the  several  states,  according  to  their  population,  to  be  esti- 
mated in  the  manner  pointed  out  by  the  second  section  of 
the  first  article  of  the  constitution  for  the  apportionment 
of  representatives  and  direct  taxes." 

It  was  sent  to  the  senate,  but  was  by  that  body  referred 
to  a  select  committee  of  which  Mr.  Benton  was  chairman, 
who,  on  the  4th  of  April,  made  a  long  and  able  report,  in 
which  they  discussed  the  constitutional  question  in  rela- 
tion to  the  powers  of  congress  to  make  the  proposed  divi- 
dend without  decidedly  expressing  their  own  views  on  the 
question.  They  expressed  unequivocally  their  approba- 
tion of  the  principle  contained  in  the  resolution,  and  re- 
commended that  if  doubts  existed  of  the  constitutional  pow- 
ers of  the  national  legislature  to  provide  by  law  for  divi- 
ding among  the  states  the  surplus  revenue,  the  constitu- 
tion ought  to  be  so  amended  as  to  obviate  those  doubts. 
[Senate  Documents  of  1831,  Document  79.]  The  report 
and  resolution  were  laid  on  the  table,  and  it  does  not  ap- 
pear that  the  subject  was  again  taken  into  consideration. 

The  legislature  adjourned  on  the  20th  of  April  ;  but 
before  the  adjournment,  the  Jackson  members  held  a  cau- 
cus, at  which  an  address  was  reported  to  them  by  Mr, 
Beardsley,  which  was  adopted  and  published. 


354  POLITICAL    HISTORY  [1831. 

Gen.  Jackson  had,  before  his  election  in  1828,  expressed 
an  opinion  that  the  president  ought  to  hold  his  office  but 
one  term,  and  in  one  or  more  of  his  official  communica- 
tions to  congress  had  recommended  an  amendment  of  the 
United  States  constitution  in  such  manner  as  to  rend  t  the 
president  ineligible  to  two  successive  elections.  But  wc 
have  seen  that,  notwithstanding  these  declarations,  his  po- 
litical friends  urged  him  to  consent  to  be  a  candidate  for 
a  re-election,  and  in  1831  it  was  wx'll  known  he  had  yield- 
ed to  their  importunity  and  was  considered  fairly  in  the 
field.  It  will  be  recollected  that  in  1824,  Mr.  Calhoun 
was.  for  a  time,  spoken  of  as  the  most  suitable  person  to 
succeed  Mr.  Monroe,  and  that  previous  to  the  election  he 
declined  being  a  candidate,  and  supported  the  election  of 
Gen.  Jackson.  From  that  circumstance,  and  from  his 
great  and  commanding  talents  and  the  purity  of  his  charac- 
ter, it  w^as  natural  that  he  should  be  one  of  the  persons  to 
whom  the  public  attention  would  be  directed  as  the  suc- 
cessor of  the  general.  And  it  is  more  than  probable  that 
the  friends  of  Mr.  Calhoun  expected,  from  the  repeated 
annunciations  of  the  principles  of  Gen.  Jackson,  that  he 
would  not,  under  ordinary  circumstance*,  allow  himself 
to  be  again  a  candidate.  If  ^uch  were  their  feelings  and 
views  they  could  not  have  learned  with  much  complacen- 
cy nor  scarcely  without  surprise,  that  the  president  h;id 
changed  his  determination.  Accordingly  it  will  have  been 
perceived  that  the  solicitations  that  Gen.  Jackson  wotdJ 
consent  to  a  re-election,  originated  generally  with  the 
friends  of  Mr.  Van  Buren.  A  majority  of  the  national 
cabinet,  as  between  Mr.  Van  Buren  and  Mr.  Calhoun, 
were  in  favor  of  the  latter  gentleman  as  the  successor  of 
Gen.  Jackson. 

The  cabinet  consisted  of  Van  Buren,  Eaton,  Ingham, 
Branch  and  Berrien.  The  three  gentlemen  last  named 
were  favorable  to  Calhoun;  Mr.  Eaton  and  Gen.  Jackson 


I 


18:]!.]  OF    NEW-YORK.  355 

himself  partly,  if  not  entirely,  from  a  disagreement  grow- 
ing out  of  a  circumstance  I  am  about  to  mention,  were 
opposed  to  him. 

Mr.  Eaton  had  married  the  widow  of  a  midshipman  by 
the  name  of  Timberlake,  who,  although  an  elegant  and 
fascinating  woman,  on  account  of  some  supposed  irregu- 
larities, when  she  was  the  wife  of  Timberlake,  the  ladies 
at  Washington  refused  to  admit  as  a  member  of  their  so- 
cial circle.  Mrs.  Calhoun,  Mrs.  Ingham,  Mrs.  Branch, 
and  Mrs.  Berrien,  in  conformity  to  what  was  deemed  the 
public  opinion  of  the  female  society  at  Washington,  re- 
fused to  associate  with  Mrs.  Eaton,  or  to  visit  or  invite 
visits  from  her.  Mr.  Van  Buren  bemg  a  widower,  was 
not  bound  to  take  any  part  in  this  controversy,  and  he  of 
course  kept  out  of  it.  Gen.  Jackson,  who  was  an  ardent 
personal  friend  of  Maj.  Eaton,  could  not  so  far  restrain 
his  feelings  as  to  remain  neutral,  as  appears  by  the  follow- 
ing statement  made  by  Mr.  Ingham,  in  which  Messrs. 
Berrien  and  Branch  concurred  : 

"On  Wednesday,  the  27th  January,  1830,  Col.  John- 
son, of  Kentucky,  waited  on  me  in  the  treasury  depart- 
ment, and  after  some  preliminary  conversation,  in  which 
he  expressed  his  regret  that  my  family  and  that  of  Mr. 
Branch  and  Mr. Berrien  did  not  visit  Mrs.  Eaton,  he  said  that 
it  had  been  a  subject  of  great  excitement  with  the  presi- 
dent, who  had  come  to  the  determination  of  having  har- 
mony in  his  cabinet  by  some  accommodation  of  this  mat- 
ter. He,  Col.  Johnson,  was  the  friend  of  us  all,  and  had 
now  come  at  the  request  of  the  president  to  see  whether 
any  thing  could  be  done  :  who  thought,  that  when  our 
ladies  gave  parties,  they  ought  to  invite  Mrs.  Eaton  ;  and 
as  they  had  never  returned  her  call,  if  they  would  leave 
the  first  card  and  open  a  formal  intercourse  in  that  way, 
the  president  would  be  satisfied  ;  but  unless  something 
was  done  of  this  nature,  he  had  no  doubt,  indeed  he  knew 


356  POLITICAL    HISTORY  [1831. 

that  the  president  was  resolved  to  have  harmony,  and 
would  probably  remove  Mr.  Branch,  Mr.  Berrien  and  my- 
self. I  replied  to  Colonel  Johnson,  that  in  all  matters  of 
official  business,  or  having  any  connection  therewith,  1 
considered  myself  bound  to  maintain  an  open,  frank  and 
harmonious  intercourse  with  the  gentlemen  I  was  asso- 
ciated with.  That  the  president  had  a  right  to  expect  the 
exertion  of  my  best  faculties,  and  the  employment  of  my 
time,  in  the  public  service.  As  to  the  family  of  Mr. 
Eaton,  I  felt  an  obhgation  on  me  not  to  say  any  thing  to 
aggravate  the  difficulties  which  he  labored  under,  but  to 
observe  a  total  silence  and  neutrality  in  relation  to  the 
reports  about  his  wife,  and  to  inculcate  the  same  course 
as  to  my  family,  and  if  any  other  representations  had  been 
made  to  the  president,  they  were  false.  Having  pre- 
scribed to  myself  this  rule,  and  always  acted  upon  it,  I  had 
done  all  that  the  president  had  a  right  to  expect.  That 
the  society  of  Washington  was  liberally  organized  ;  there 
was  but  one  circle,  into  which  every  person  of  respectable 
character  disposed  to  be  social,  was  readily  admitted, 
without  reference  to  the  circumstance  of  birth,  fortune  or 
station,  which  operated  in  many  other  places.  That  we 
had  no  right  to  exert  official  power  to  regulate  its  social 
intercourse.  That  Mrs.  Eaton  had  never  been  received 
by  the  society  here,  and  it  did  not  become  us  to  force  her 
upon  it ;  that  my  family  had,  therefore,  not  associated  with 
her,  and  had  done  so  with  my  approbation ;  and  that  the 
president  ought  not,  for  the  sake  of  his  own  character,  to 
interfere  in  such  matters.  But  if  he  chose  to  exert  his 
power  to  force  my  family  to  visit  any  body  they  did  not 
choose  to  visit,  he  was  interfering  with  what  belonged  to 
me,  and  no  human  power  should  regulate  the  social  inter- 
course of  my  family,  by  means  of  official  or  any  other 
power  which  I  could  resist.  If  I  could  submit  to  such 
control,  1  should  be  unworthy  of  my  station,  and  would 


1831.]  OF    NEW-VORK.  357 

despise  myself.  That  it  was  eminently  due  to  the  charac- 
ter of  the  president  to  have  it  known  that  he  did  not  inter- 
fere in  such  matters  ;  and  that  the  course  we  had  pursued 
was  preservative  of  his  honor  and  political  standing.  I 
had  taken  my  ground  on  mature  reflection,  as  to  what  was 
due  to  my  family,  my  friends,  and  the  administration, 
without  any  prejudice  to  Major  Eaton  or  his  wife,  and  had 
fully  determined  not  to  change  it,  whatever  might  be  the 
consequence. 

'•Col.  Johnson  said  that  he  had  been  requested  by  the 
president  to  have  a  conversation  with  the  secretary  of  the 
navy  and  the  attorney  general  also  ;  but,  from  what  I  had 
said,  he  supposed  it  would  be  of  no  avail.  The  president 
expressed  a  hope  that  our  families  would  have  been  wil- 
ling to  invite  Mrs.  Eaton  to  their  large  parties,  to  give 
the  appearance  of  an  ostensible  intercourse,  adding  that 
he  was  so  much  excited  that  he  was  like  a  roaring  lion. 
He  had  heard  that  the  lady  of  a  foreign  minister  had  join- 
ed in  the  conspiracy  against  Mrs.  Eaton,  and  he  had  sworn 
that  he  would  send  her  and  her  husband  home  if  he  could 
not  put  an  end  to  such  doings.  I  replied,  that  it  could 
hardly  be  possible  that  the  president  contemplated  such  a 
step.  Col.  Johnson  replied  that  he  certainly  did  ;  and 
again  remarked  that  it  seemed  to  be  useless  for  him  to  see 
Mr.  Branch  and  Mr,  Berrien.  I  told  him  that  each  of  us 
had  taken  our  course  upon  our  own  views  of  the  proprie- 
ty without  concert ;  and  that  he  ought  not  to  consider  me 
as  answering  for  any  but  myself.  He  then  proposed  that 
I  should  meet  him  at  Mr.  Branch's  and  invite  Mr.  Berrien, 
that  evening  at  seven  o'clock  ;  which  was  agreed  to. 
Col.  Johnson  came  to  my  house  about  six,  and  we  went 
up  to  Mr.  Berrien's,  having  first  sent  for  Mr.  Branch. 
On  our  way  to  Mr.  Berrien's,  Col.  Johnson  remarked  that 
the  president  had  informed  him  that  he  would  invite  Mr. 
Branch,  Mr.  Berrien  and  myself,  to  meet  him  on  the  next 


358  POLITICAL    HISTORY.  [1831. 

Friday,  when  he  would  inform  us,  in  the  presence  of  Dr. 
Ely,  of  his  determination  ;  and  if  we  did  not  agree  to 
comply  with  his  wishes,  he  would  expect  us  to  send  in 
our  resignations. 

"  Upon  our  arrival  at  Mr.  Berrien's,  Col.  Johnson  re- 
newed the  subject  in  presence  of  him  and  Gov.  Branch, 
and  repeated  substantially,  though  I  thought,  rather  more 
qualifiedly,  what  he  had  said  to  me.  He  did  not  go  so 
much  into  detail,  nor  do  I  recollect  whether  he  mentioned 
the  president's  remarks  as  to  the  lady  above  mentioned 
and  Dr.  Ely — those  gentlemen  will  better  recollect.  Mr. 
Branch  and  Mr.  Berrien  replied,  as  unequivocally  as  1  had 
done,  that  they  would  never  consent  to  have  the  social  re- 
lations of  their  families  controlled  by  any  power  what- 
ever but  their  own.  Mr.  Branch,  Mr.  Berrien,  and  my- 
self went  the  same  evening  to  a  party  at  Col.  Towson's 
where  a  report  was  current  that  we  were  to  be  removed 
forthwith,  of  which  I  had  no  doubt  at  the  time. 

"  The  next  morning  Col.  J.  came  to  my  house,  and  said 
that  he  ought  perhaps  to  have  been  more  frank  last  eve- 
ning, and  told  us  positively  that  the  president  had  finally 
determined  on  our  removal  from  office,  unless  we  agreed 
at  once  that  our  families  should  visit  Mrs.  Eaton,  and  in- 
vite her  to  their  large  parties  ;  and  that  he  had  made  up 
his  mind  to  designate  Mr.  Dickins  to  take  charge  of  the 
treasury  department,  and  Mr.  Kendall  to  take  charge  of 
the  navy  department,  and  would  find  an  attorney  general 
somewhere.  I  observed  that  my  course  was  fixed,  and 
could  not  be  changed  for  all  the  offices  in  the  president's 
gift  ;  and  it  made  no  more  difference  to  me  than  to  any 
other  person  whom  the  president  designated  to  take  my 
place.  In  the  evening  of  the  same  day.  Col.  J.  called 
again,  and  informed  me  that  he  had  just  been  with  the 
president,  who  had  dravm  up  a  paper  explanatory  of  what 
he  had  intended  and  expected  of  us  ;  that  some  of  his 


1831.] 


OF    NEW-VOUK. 


359 


TcnnL-ssec  friends  liad  been  with  him  for  several  hours  • 
that  his  passions  had  subsided,  and  he  had  entifi-Iy  chau'^'d 
his  ground  :  ho  would  not  insist  on  our  families  visitin'f 
Mrs.  Eaton  ;  ho  only  wished  us  to  assist  in  putting  down 
the  slanders  against  her  ;  that  he  believed  her  innocent, 
and  he  thought  our  families  ought  to  do  what  they  could 
to  sustain  her,  if  they  could  not  visit  her  ;  and  that  he 
wished  to  see  me  the  next  day.  Col.  Johnson  adtled  that 
the  president  had  been  exceedingly  excited  for  several 
days,  but  was  now  perfectly  calm  and  mild.  The  next 
day  I  waited  on  the  president,  and  oj)ened  the  subject  by 
stating  that  Col.  Johnson  had  informed  me  that  he  wished 
to  see  me  ;  to  which  he  assented,  and  went  into  a  lonn- 
argument  to  show  how  innocent  a  woman  Mrs.  Eaton  was, 
and  how  much  she  had  been  persecuted,  and  mentioned 
the  names  of  a  number  of  ladies  Vv^ho  had  been  active  in 
this  persecution,  and  that  the  lady  of  a  foreign  minister 
was  also  one  of  the  conspirators  ;  adding  that  he  would 
send  her  and  her  husband  home,  and  teach  him  and  his 
master  that  a  wife  of  a  member  of  his  cabinet  was  not 
to  be  thus  •  treated ;  that  Mrs.  Eaton  was  as  pure  and 
chaste  as  Mrs.  Donelson's  infant  daughter,  but  there  was 
a  combination  here  among  a  number  of  ladies,  not  those 
of  the  heads  of  departments,  to  drive  her  out  of  society, 
and  to  drive  her  husband  out  of  office  ;  but  he  would  bo 
cut  into  inch  pieces  on  the  rack,  before  he  would  suffer 
him  or  his  wife  to  be  injured  by  their  vile  calumnies  ;  that 
he  w^as  resolved  to  have  harmony  in  his  cabinet,  and  he 
wished  us  to  join  in  putting  down  the  slanders  against 
Mrs.  Eaton.  I  observed  to  the  president  that  I  had  never 
considered  it  incumbent  on  me  to  investigate  the  character 
of  Mrs.  Eaton  ;  such  a  service  did  not,  in  my  judgment, 
come  within  the  scope  of  my  duties  to  the  government  ; 
it  belonged  to  society  alone  to  determine  such  matters. 
The  power  of  the  adminisi/ation  could  not  change   the 


360  POLITICAL     HISTORY  [1831. 

opinion  of  the  community,  even  if  it  could  be  properly 
used  to  control  the  relations  of  domestic  life  in  any  case. 
The  society  of  Washinton  must  be  the  best  judges  of 
whom  it  ought  to  receive.  I  regretted  the  difficulties 
which  Major  Eaton  labored  under,  and  had  felt  it  to 
be  my  duty  not  to  aggravate  them.  I  had  intended  at  an 
early  day  to  have  had  a  conversation  with  him  on  the  sub- 
ject, with  a  view  to  have  our  social  relation  defined  ;  but 
no  opportunity  had  offered  without  volunteering  one,  and 
it  had  not  been  done  in  that  way.  The  course  I  had  ta- 
ken, was,  however,  adopted  with  great  care,  to  save  his 
feelings  as  much  as  possible,  consistent  with  what  was  due 
to  my  family,  and  the  comiunnity  with  which  we  were  as- 
sociated, I  consider,  the  charge  of  my  family  to  be  a 
sacred  trust,  belonging  exclusively  to  myself  as  a  member 
of  society.  The  administration  had  nothing  to  do  wnth 
it,  more  than  with  that  of  any  other  individual,  and  polit- 
ical power  could  not  be  properly  exerted  over  their  social 
intercourse,  and  it  was  important  to  his  reputation  to  have 
it  understood  that  lie  did  not  interfere  in  such  matters. 
That  I  was  not  avv-are  of  any  want  of  harmony  in  the 
cnbinet  ;  1  had  not  seen  the  slightest  symptom  of  such  a 
feeling  in  its  deliberations  and  I  was  perfectly  certain  that 
7711/  official  conduct  had  never  l)cen  inffuenced  in  the  sligiit- 
est  degree  by  a  feeling  of  that  nature. 

•'  1  saw  no  ground,  therefore,  for  the  least  change  on  my 
part  in  this  respect.  To  which  the  president  replied  in  a 
changed  tone,  that  he  had  the  most  entire  confidence  in 
my  integrity  and  capacity  in  executing  the  duties  of  the 
department,  and  expressed  his  perfect  satisfaction,  in  that 
respect,  with  my  whole  conduct  ;  he  had  never  supposed 
for  a  moment  that  my  official  acts  had  been  influenced  in 
the  least  degree  by  any  unkind  feeling  towards  Maj.  Eaton; 
and  he  did  not  mean  to  insist  on  our  families  visiting  Mrs. 
Eaton,     lie  had  been  much  excited,  for  some   time  past, 


183].]  OF  NEW-YORK.  301 

IV  Tjie  combination  against  her,  and  he  wished  us  to  aid 
,'iim  in  putting  down  their  slanders,  adding  that  slie  was 
excluded  from  most  of  the  invitations  to  parties;  and,  when 
invited  she  was  insulted  ;  that  the  lady  of  a  foreign  mini- 
ster before  referred  to,  had  insulted  her  at  Baron  Krudc- 
ner's  party. 

"  I  remarked,  that  some  injustice  might  be  done  to  that 
lady  on  that  occasion  ;  although  she  might  not  choose  to 
associate  with  Mrs.  Eaton,  I  did  not  think  she  intended  to 
insult  her ;  she  might  have  supposed  that  there  was  some 
design,  not  altogether  respectful  to  herself  in  the  offer  of 
the  attendance  to  supper  of  the  secretary  of  war,  whose 
wife  she  did  not  visit  ;  instead  of  that  of  the  secretary  of 
state,  which,  according  to  the  usual  practice,  she  probably 
considered  herself  entitled  to.  I  was  present,  and  saw 
most  of  what  had  happened.  She  evidently  thought  her- 
self aggrieved  at  something,  but  acted  with  much  dignity 
on  the  occasion.  I  saw  no  appearance  of  insult  offered  to 
Mrs.  Eaton.  He  replied  that  he  had  been  fully  informed, 
and  knew  all  about  it ;  and  but  for  certain  reasons  which 
he  mentioned,  he  would  have  sent  the  foreign  minister  be- 
fore referred  to,  and  his  wife,  home  immediately. 

"  After  some  further  conversation  on  this  and  other  mat- 
ters, in  which  1  consider  the  president  as  having  entire- 
ly waived  the  demand  made  through  Col.  Johnson,  that 
my  family  must  visit  Mrs.  Eaton,  as  the  condition  of  my 
remaining  in  office,  and  in  which  he  expressed  himself  in 
terms  of  personal  kindness  towards  me,  I  took  my  leave. 
He  did  not  show  me,  or  read  any  paper  on  the  subject." 

The  statement  I  have  quoted  was  signed  by  Mr.  Ingham 
and  Mr.  Branch,  and  Mr.  Berrien  certified  to  its  accura- 
cy and  correctness. 

Afterwards  Col.  Johnson,  in  a  letter  addressed  by  him 
to  Mr.  Berrien,  alleged  that  he  had  been  misunderstood. 
He  says,  ''  I  find  that  you  understood  me  to  say  that  the 


3G2  POLITICAL    HISTORY  [1831. 

l)rosidenl  would  at  lc;ast  expect  the  invitation  of  Mrs.  Ea- 
ton when  you  ^i^ave  large  and  general  parties.  The  presi- 
dent never  did  directly  or  indirectly  express  or  intimate 
such  an  expectation.  lie  intbrnied  me  that  he  had  been 
induced  to  b;_rlieve  that  a  part  of  his  cabinet  had  entered 
into  a  coml)inati<)n  to  drive  Maj.  Eaton  f)-oni  it,  by  exclu- 
ding him  and  his  family  from  society  ;  that  he  had  been 
also  informed  that  the  successive  parties  to  which  you  al- 
lude was  a  link  in  the  chain;  that  attemjis  had  been  made 
even  ujjon  foreign  ministers  to  exclude  Maj.  Eaton  and 
his  family  from  their  parties  :  that  such  a  state  of  things 
gave  him  great  distress  :  that  he  was  determined  at  all 
hazards  to  have  harmony  in  his  cabinet.  He  then  read  a 
j^aper  containing  the  principles  upon  which  he  intended  to 
act.  In  my  conversation  with  you,  I  referred  to  this  pa- 
per. No  doubt  it  is  now  in  existence.  It  disclaimed  all 
intentions,  on  the  part  of  the  ])resident,  to  regulate,  in  any 
manner  whatever,  the  private  or  social  intercourse- of  the 
mejnbers  of  his  cabinet.  As  a  mutual  friend  I  called  upon 
you  and,  as  a  peace  maker,  my  object  was  to  make  the 
above  communication  in  the  most  delicate  manner  possi- 
ble. During  our  conversation,  in  the  anxiety  of  my  heart 
to  serve  my  friend  and  my  country,  it  was  I  alone,  upon 
my  own  responsibility,  who  made  the  suggestion  or  propo- 
sition, or  rather  inquiry,  whether  you  could  not,  at  those 
large  and  promiscuous  parties,  invite  Maj.  Eaton  and  his 
family.  From  the  total  social  non-intercourse  of  the 
members  of  the  cabinet,  the  want  of  harmony  w^as  infer- 
red, more  than  from  any  other  circumstance  ;  and  my  de- 
sire was  to  remedy  that  evil  by  the  suggestion  or  inquiry 
which  I  made.  It  would  have  been  an  absolute,  unquali- 
fied, and  total  misrepresentation  of  his  views,  if  1  had 
represented  the  president  as  making  any  such  demand. 
N  .)u  Will  therefore  perceive  that  you  have  fallen  into  the 
mistake  of  supposing  that  I  attributed   to  him  what   was 


1831.] 


OF    MCW-YOrtK. 


3G3 


the  spontaneous,  sole,  and  independent  suggestion  of  my 
own  mind." 

Whether  Col.  Johnson  vv;is.  in  fact,  misunderstood  by 
Mr.  Ingham  and  his  colleagues;  or  if  they  understood 
him  correctly,  whether  his  verbal  or  written  statement 
contains  the  true  version  of  Gen.  Jackson's  instructions  to 
him.  the  reader  will,  of  course,  decide  according  to  the 
convictions  of  his  own  mind.  It  appears  that  things  re- 
mained in  the  position  they  were  when  Mr.  Ingham  held 
the  last  conversation  w  ith  the  president,  as  mentioned  at 
the  close  of  his  statement,  that  nothing  was  made  public 
on  the  subject,  except  by  vague  and  uncertain  rumors  ; 
and  that  the  cabinet  went  on  apparently  in  harmony,  until 
more  than  a  year  afterwards.  On  the  11  ih  April,  1831, 
Mr.  Van  Buren  addressed  a  letter  to  the  president,  in 
W'hich  he  resigned  his  office  as  secretary  of  State  ;  and  on 
the  same  day,  or  day  following.  Major  Eaton  resigned 
the  office  of  secretary  of  war.  The  causes  which  Mr.  Van 
Buren  assigned  for  his  resignation,  was  his  belief,  that  if 
he  should  continue  in  the  cabinet,  that  circumstance  would 
tend  to  increase  and  embitter  the  disputes  about  a  succes- 
sor, to  General  Jackson  ;  and  that  such  continuance  would 
strengthen  and  increase  the  opposition  to  the  administra- 
tion. The  president,  on  the  next  day,  replied  to  Mr.  Van 
Buren,  accepting  his  resignation,  and  speaking  of  his  ser- 
vices in  the  most  complimentary  and  laudatory  terms. 
lie  also  accepted  the  resignation  of  Mr.  Eaton.  One 
week  afterwards,  it  would  seem  that  the  president,  in  a 
separate  interview  w'ith  each  of  the  other  secretaries, 
(Messrs.  Ingham  and  Branch,  and  the  attorney  general, 
Mr.  Berrien,)  intimated  to  them  his  wish  that  they  would 
resign.  The  principles  upon  which  Gen.  Jackson  acted, 
are  developed,  so  far  as  he  chose  to  develope  them,  in  a 
kind  of  circular,  addressed  to  each  of  his  cabinet  ministers 


364  POLITICAL    HISTORY.  [183]. 

upon  accepting  their  resignations.     The   following  is  the 
communica  .ion  he  addressed  to  Gov.  Branch  : 

"  Washington,  April  20,  1831. 

"  Sir — Last  evening  1  had  the  honor  to  receive  your  let- 
ter of  that  date,  tendering  your  resignation  of  the  office 
of  secretary  of  the  navy.  When  the  resignation  of  the 
secretary  of  state  and  secretary  of  war  were  tendered,  1 
considered  fully  the  reasons  offered,  and  all  the  circum- 
stances connected  with  the  subject.  After  mature  delibe- 
ration, I  concluded  to  accept  those  resignations.  But 
when  this  conclusion  was  come  to,  it  was  accompanied 
with  a  conviction  that  I  must  entirely  renew  my  cabinet. 
Its  members  had  been  invited  by  me  to  the  stations  they 
occupied — it  had  come  together  in  great  harmony,  and  as 
a  unit.  Under  the  circumstances  in  which  I  found  my- 
self, I  could  not  but  perceive  the  propriety  of  selecting  a 
cabinet  composed  of  entirely  new  materials,  as  being  cal- 
culated, in  this  respect  at  least,  to  command  public  confi- 
dence and  satisfy  public  opinion.  Neither  could  I  be  in- 
sensible to  the  fact  that,  to  permit  two  only  to  retire, 
would  be  to  afford  room  for  unjust  misconceptions  and 
malignant  misrepresentations  concerning  the  influence  of 
their  particular  presence  upon  the  conduct  of  public  af- 
fairs. Justice  to  the  individuals  whose  public  spirit  had 
impeJed  them  to  tender  their  resignations,  also  required 
then,  in  my  opinion,  the  decision  which  I  have  stated, 
however  painful  to  my  own  feelings,  it  became  necessary 
that  1  should  frankly  make  known  to  you  my  view^s  of  the 
whole  subject. 

"  In  accepting  of  your  resignation,  it  is  with  great  plea- 
sure that  I  bear  testimony  to  the  integrity  and  zeal  with 
which  you  have  managed  the  concerns  of  the  navy.  In 
your  discharge  of  all  the  duties  of  your  office,  over  which 
I  have  any  control,  I  have  been  fully  satisfied;  and  in  your 


1831.]  OF    NEW-YORK.  365 

retirement,  you  carry  with  you  my  best  wishes  for  your 
prosperity  and  happiness, 

*'  It  is  expected  that  you  will  continue  to  discharge 
the  duties  of  your  office  until  a  successor  is  appointed. 

'•  I  have  the  honor  to  be,  witii  great  respect,  your  most 
obedient  servant.  ANDREW  JACKSON. 

"  John  Branch,  Secretary  of  the  Navy." 

The  allegation  of  a  want  of  harmony  in  the  cabinet,  so 
far  as  related  to  measures,  was  utterly  unfounded.  In  re- 
spect to  the  principles  on  which  the  government  ought  to 
be  conducted,  the  cabinet,  to  use  General  Jackson's  favor- 
ite expression,  was  ''  an  uniiJ^  The  only  ostensible  dif- 
ference was  that  which  has  been  related  in  respect  to  the 
propriety  of  visiting  and  receiving  visits  from  Mrs.  Eaton; 
and  therefore  Mr.  Ingham  and  his  colleagues  soon  pub- 
lished what  I  have  above  quoted  as  the  sole  cause  of  dif- 
ference. The  real  cause,  however,  must  have  been  a  dif- 
ference of  opinion  as  to  the  successor  of  the  then  presi- 
dential incumbent,  connected  with  the  dispute  about  the 
reception  of  Mrs.  Eaton  in  the  fashionable  circles  at 
Washington. 

The  movement  on  the  part  of  Mr.  Van  Buren  was  ju- 
dicious. He  rightly  judged  that  it  would  be  utterly  im- 
possible for  him,  even  with  the  aid  of  Gen.  Jackson,  to 
unite  the  democratic  party  in  his  favor,  so  long  as  a  ma- 
jority of  the  cabinet  with  which  he  was  associated  were 
warmly  in  favor  of  so  formidable  a  rival  as  John  C.  Cal- 
houn. 

After  this  explosion,  evidently  produced  by  the  appro- 
bation and  advice  of  Mr.  Van  Buren,  Mr.  Calhoun  kept 
no  terms  either  with  Van  Buren  or  Jackson,  and  accord- 
ingly we  find  at  a  public  dinner  given  to  Mr.  Calhoun  at 
Pendleton,  in  South  Carolina,  a  short  time  after  these  oc- 
currences at  Washington,  the  ordinary  and  formal  toast  to 
the  president  was  omitted,  and,  as  was  intimated  in  a 


366  POLITICAL    HISTORY  [1831. 

Charleston  paper,  intentionally  omitted  ;  and  the  first 
toast  drank  was  evidently  intended  as  a  severe  reflection 
upon  the  political  character  of  Van  Buren,  although  he 
was  not  named  in  it.  Before,  however,  the  party  broke 
up,  the  following  toast  was  drunk  : 

"  Martin  Van  Buren — *  Ah  that  deceit  should  steal  such 
gentle  shapes,  and  with  a  virtuous  visor  hide  deep  vices.' " 

Mr.  Van  Buren  was  shortly  afterwards  appointed  by 
the  president  minister  to  London,  and  Mr.  Eaton  was  also 
sent  abroad  on  a  foreign  mission. 

On  the  third  of  June  the  convention  of  national  repub- 
licans, which  was  projected  the  preceding  w^inter,  assem- 
bled at  Albany.  It  was  highly  respectable,  both  for  num- 
bers and  the  character  of  the  members.  Peter  R.  Liv- 
ingston, the  old  senator  from  Dutchess  county,  was  ap- 
pointed president.  Upon  taking  his  seat  he  addressed  the 
convention  in  a  wery  felicitous  manner.  He  spoke  in  the 
most  laudatory  terms  of  Mr.  Clay.  lie  condemned  the 
measures  of  the  administration,  and  alluded  in  a  manner 
extremely  sarcastic,  to  the  disbanded  "unit  cabinet"  of 
General  Jackson.  Something  like  a  state  organization 
was  attempted,  and  Stephen  Van  Rensselaer  and  Ambrose 
Spencer,  and  thirty-six  others,  were  chosen  delegates  to 
the  national  convention.  Judge  Spencer  attended,  upon 
special  invitation,  the  state  convention  at  Albany,  and  be- 
fore they  adjourned  addressed  that  assembly  at  considera- 
ble length.  Judge  Spencer  had  formerly  been  inclined  to 
support  Gen.  Jackson,  and  indeed  had,  during  Mr.  Ad- 
ams's administration,  expressed  a  most  decided  opinion 
against  the  appointment  of  Mr.  Clay  as  secretary  of  state. 
He  was  now  very  ardent  in  his  opposition  to  the  former, 
and  in  his  support  of  the  latter. 

The  convention  adopted  a  number  of  spirited  resolu- 
tions, in  one  of  which  they  recommended  Henry  Clay  as 
a   suitable  person  to  be  supported  for  president  oi  the 


1831.]  OP    NEW-YORK.  367 

United  States.  They  also  published  an  address  to  the 
people  of  the  state,  signed  by  Mr.  Livingston  as  president, 
John  D.  Dickinson  and  Herman  H.  Bogart,  vice-presi- 
dents, and  Joseph  Hoxic  and  Orrin  Follet,  secretaries. 

In  May,  Henry  Seymour  resigned  the  office  of  canal 
commissioner,  and  the  governor  soon  afterwards,  in  the 
recess  of  the  legislature,  appointed  Jonas  Earll  of  Onon- 
daga in  his  place. 

It  is  due  to  the  memory  of  Mr.  Seymour  to  say,  that 
nowithstanding  the  immense  amount  of  moneys  which 
passed  through  his  hands,  and  the  many  and  vastly  impor- 
tant contracts  made  by  him  on  the  part  of  the  state,  that 
not  the  least  suspicion  has  ever  been  breathed  against  the 
])urity  of  his  character  and  conduct.  He  was  in  all  re- 
spects a  correct  business  man.  Of  his  urbanity  and  cour- 
tesy I  have  already  spoken. 

James  Monroe,  late  president  of  the  United  States,  died 
on  the  4th  day  of  July.  Thus,  three  out  of  the  five  de- 
ceased presidents  died  on  the  anniversary  day  of  Ameri- 
can Independence.  May  not  the  fact  be,  that  those  dis- 
tinguished men  were  excited  more  than  ordinary  men  on 
that  day,  and  to  a  degree  exceeding  the  strength  of  their 
enfeebled  and  worn  out  animal  powers  1 

Very  little  excitement  prevailed  at  the  November  annu- 
al election.  The  large  anti-masonic  majorities  in  the 
counties,  composing  what  was  called  the  infected  district, 
rendered  all  efforts  hopeless  on  the  part  of  the  Jackson 
party  to  overcome  it,  and  of  course  no  great  efforts  were 
made.  The  same  remark  is  applicable  to  most  of  the  inte- 
rior counties,  the  counties  bordering  on  Hudson's  river,  the 
city  of  New-York,  and  the  Long  Island  counties.  There 
all  resistence  to  the  Jackson  party  seemed  vain,  and  indeed 
very  little  was  made.  In  general,  so  far  as  there  was  any 
change,  it  was  apparently  against  the  anti-masons.  In 
some  counties,  however,  the}  gained  from  tne  last  year  or 


338  POLITICAL  HISTORY.  [1S31. 

two.  In  the  county  of  Otsego  for  instance,  where,  in 
1829,  Mr.  Beardsley  obtained  more  than  1,200  majority 
over  Mr.  Mumford,  the  anti-masonic  candidate  ;  both  the 
sheriff' and  clerk  si]pi)orted  by  the  anti-masons  were  elect- 
ed. But  the  success  of  the  anti-masonic  candidate  for 
sheriff"  was  owing  to  some  local  causes  and  personal  diffi- 
culties, and  the  triumph  of  the  candidate  of  that  party 
(Horace  Lathrop)  for  clerk,  was  undoubtedly  produced  by 
his  great  and  deserved  personal  popularity. 

The  Jackson  party  succeeded  in  electing  their  senators 
in  all  the  districts  except  the  eighth. 

T'he  senators  chosen  were  : 

From  the  First  District,  Mr.  Cropsy, 
"  Second     do.,     Allen  Macdonald, 


Third 

do.. 

John  W.  Edmonds 

Fourth 

do.. 

Josiah  Fisk, 

Fifth 

do.. 

Robert  Lansing, 

Sixth 

do., 

John  McDowell, 

Seventh 

do., 

Mr.  Halsey, 

Eighth 

do.. 

John  Birdsall. 

In  the  assembly  there  was  a  large  Jackson  majority. 


1826.]  OF    NEW-VORK.  301) 

CHAPTER  XXXVIIL 

POLITICAL  ANTI-MASONKY. 

Not  having  myself  been  personally  acquainted  with  the 
political  action  of  the  party  called  anti-masons,  1  took  the 
liberty  of  requasting  a  gentleman,  eminent  for  his  stand- 
ing and  talents,  who,  during  the  prevalence  of  the  excite- 
ment on  the  subject  of  masonry,  resided  and  still  resides 
in  one  of  our  western  cities,  and  who  was  himself  a  lead- 
ing and  efficient  anti-mason,  to  furnish  me  with  a  state- 
ment which  should  present  a  sketch  of  the  history  ot  that 
singular  political  association.  He  has  been  so  obliging  as 
to  send  me  the  following  brief  account,  which  I  here  in- 
sert precisely  as  written  out  by  him  : 

In  the  year  1326  an  event  occurred,  which  in  its  con- 
sequences, became  the  foundation  of  a  new  political  party, 
based  upon  principles  before  unknown  in  the  political  his- 
tory of  the  state,  but  which,  in  its  progress  had  an  impor 
tant  influence  upon  its  political  character.  It  will  be  at 
once  perceived  that  the  event  alluded  to  is  the  abduction 
of  William  Morgan  and  the  new  political  party  denomi- 
nated the  anti-masonic  party. 

It  seems  necessary  to  advert  briefly  to  the  causes  of  the 
existence  of  this  party,  and  to  the  facts  which  brought  it 
into  life.  On  the  11th  of  September,  1826,  William 
Morgan  was  seized,  at  Batavia,  upon  a  criminal  charge,  by 
a  company  of  men  who  came  from  Canandaigua,  and 
carried  eastward  to  Canandaigua  as  a  prisoner  for  exami- 
nation. He  was  acquitted  of  the  criminal  charge  but  was 
immediately  arrested  upon  a  civil  process  for  a  trifling 
debt. — Judgment  obtained,  and  execution  issued,  and 
Morgan  imprisoned  upon  such  execution    in  tho   jail  at 

X.  *  Hon.  Freder.cK  Whittlesey. 


370  POLITICAL    HISTORY.  [1826. 

Cauandaigua.  The  next  night  he  was  discharged  from 
this  imprisonment  by  those  who  had  procured  him  to  be 
arrested,  and  taken  from  the  prison  after  9  o'clock  in  the 
evening. 

Immediately  after  he  left  the  prison  doors,  he  was  seized 
by  those  who  had  procured  his  discharge,  gagged,  bound 
and  thrust  into  a  carriage  in  waiting  for  the  purpose,  and 
carried  westwardly  towards  Rochester.  It  is  now  known 
that  he  was  carried  by  relays  of  horses,  and  through  the 
agency  of  many  different  individuals,  in  bondage  and  se- 
crecy, until  he  was  securely  deposited  in  the  magazine  of 
Fort  Niajjara,  at  the  mouth  of  the  jVia2:ara  river.  This 
unprecedented  outrage,  though  committed  with  such  bold- 
ness, was  at  the  same  time  guarded  by  so  many  precau- 
tions, that  it  was  impossible,  for  a  long  time,  to  penetrate 
the  veil  of  secrecy  with  which  the  conspirators  had  con- 
cealed their  movements. 

The  outrage  itself  was  preceded  by  circumstances  which, 
by  pointing  out  the  probable  motives,  directed  suspicion 
to  its  probable  authors.  Morgan  was  understood  to  be 
engaged  in  the  publication  of  a  book  professing  to  reveal 
the  secrets  of  some  of  the  degrees  of  free  masonry.  This 
contemplated  publication  aroused  the  anger  of  the  mem- 
bers of  the  fraternity,  and  they  were,  or  at  least  laige 
numbers  of  them  in  the  vicinity,  were  infatuated  enough  to 
determine  to  suppress  that  publication  at  all  events.  Pre- 
vious to  the  violent  seizure  above  mentioned,  several 
forcible  attempts  had  been  ineffectually  made  to  suppress 
the  obnoxious  forthcoming  work.  The  citizens  in  the  vi- 
cinity of  Batavia  were  aware  of  this  feeling  on  the  part 
of  the  masons  in  their  neighborhood,  and  of  the  unwar- 
rantable efforts  made  by  them  to  suppress  the  publication, 
and  they  thus  had  a  clue  to  the  motive  for  the  perpetra- 
tion of  this  foul  act  of  violence. 


1S20.]  OF    NEW-YORK.  371 

As  soon  as  they  ascertained  that  Morgan  had  been  thus 
seized  by  violence,  and  had  disapi)carod  in  an  unaccounta- 
ble manner,  after  his  discharge  from  the  custody  of  the  law 
they  determind,  with  a  commendable  zeal  and  spirit,  to 
investigate  the  case,  and  if  a  crime  had  been  committed, 
to  hunt  out  its  perpetrators.  A  committee  was  appointed 
by  a  public  meeting,  held  for  this  purpose  at  Batavia,  who 
immediately  entered  upon  their  duties  by  searching  in- 
quiries after  Morgan",  instituted  at  Canandaigua.  They 
were  unable  to  ascertain  any  thing  further  at  that  time, 
than  that  Morgan  was  discharged  fi'om  his  imprisonment, 
and  immediately  afterwards  forcibly  seized,  thrust  into  a 
carriage,  and  driven  off  towards  Rochester  in  the  nigdit 
time.  As  soon  as  the  facts  ascertained  by  this  committee 
were  made  public,  it  produced  no  little  excitement  in  the 
public  mind  in  relation  to  the  transaction.  The  facts  so 
ascertained  upon  undoubted  authority,  proved  the  perpe- 
tration of  a  great  crime,  and  inspired  a  dark  and  dreadful 
suspicion,  that  the  crime  was  not  unattended  with  the  un- 
lawful shedding  of  blood.  The  circumstances  attending 
it,  indicated  an  extended  conspiracy,  much  deliberation 
and  forethought,  many  agents,  and  a  powerful  motive 
which  could  impose  such  entire  secresy  upon  so  many 
actors  in  such  extended  operations.  Citizens  in  other 
places,  and  particularly  in  the  towns  through  which  cir- 
cumstances indicated  that  Morgan  was  carried,  held  simi- 
lar meetings  to  that  which  had  been  holden  at  Batavia, 
and  appointed  similar  committees  to  investigate  the  cir- 
cumstances attending  Morgan's  disappearance.  The  sim- 
ple object  of  all  these  meetings  was  to  find  out  a  great 
crime — a  crime  without  example — committed  in  a  commu- 
nity usually  peaceful  and  obedient  to  the  laws,  and  to  see 
that  the  good  character  of  that  community  should  not  suf- 
fer a  stain,  nor  the  majesty  of  the  laws  be  impaired  by  the 
continued  impunity  of  such  an  aggravated  crime. 


• 


372  POLITICAL    HISTORY  [1826. 

There  was  thus  early,  no  political  object  or  motive 
which  entered  into  the  movements  of  the  people  or  of 
Itheir  committees.  The  political  parties  in  the  state  at  that 
jtime  were  commonly  designated  as  the  Clintonlan  and 
jBucktail  parties.  At  the  November  election,  in  1826,  De 
iVV'itt  Clinton  was  the  candidate  for  governor  of  the  former 
party,  and  William  B.  Rochester  of  the  latter.  Judge 
Rochester's  friends  in  the  west  had  strong  confidence  in 
his  election,  and  the  better  informed  of  them  more  feared 
a  want  of  heartiness  and  confidence  among  their  own  po- 
litical friends  at  the  east,  than  they  did  the  actual  strength 
of  the  Clintonian  party.  The  outrage  was  committed  be- 
fore the  election  was  held,  and  as  the  public  mind  was 
very  considerably  excited  by  the  pending  political  cam- 
paign, less  attention  was  paid  to  this  incident  as  a  politi- 
cal matter.  There  were,  doubtless,  even  at  that  time, 
some  few  persons  in  Genesee  county,  who  believed  that 
the  masons,  as  a  body,  were  implicated  in  the  outrage,  and 
who  refused  to  vote  for  Mr.  Clinton  in  consequence  o*  his 
high  masonic  oflftce  ;  but  as  Judge  Rochester  was  also  a 
mason,  though  not  of  so  elevated  a  grade,  this  feeling  could 
hardly  be  brought  into  action  effectually,  and  in  point  of 
fact,  it  is  believed  that  it  did  not  influence  any  considera- 
ble number  of  votes  in  the  election  of  1826.  The  public 
meetings  which  were  held,  were  composed  indiscriminately 
of  members  of  both  political  parties ;  the  committees  ap- 
pointed were  constituted  in  the  same  way  ;  and  the  object 
avowed  was  the  high  and  praisworthy  one  of  investigat- 
ing a  crime,  which  had  been  perpetrated  against  the  liber- 
ty, if  not  the  life,  of  a  fellow  American  citizen.  In  many 
places  the  masons  were  invited  to  attend  the  meetings, 
and  assist  in  the  investigation  ;  and  were  told,  if  they 
wished  to  avert  a  blot  from  their  escutchion^  and  protect 
themselves  from  suspicion,  they  should  give  their  personal 


1826. J  OF    NEW-YORK. 

and  efficient  aid  in  vindicating  the  violated  majesty  of  the 
laws. 

The  committee  met  with  more  obstacles  in  tracing  the 
route  of  Morgan  than  usually  attends  criminal  investiga- 
tions efficiently  prosecuted.  They  could  trace  him  as  far 
as  Rochester,  and  it  was  a  long  time  before  the  clue  was 
found  by  which  he  was  finally  traced  to. Fort  Niagara. 
The  very  difficulties  interposed  to  the  investigation  in- 
creased the  excitement  in  the  public  mind.  There  were 
some  who  early  implicated  the  whole  masonic  fraternity 
in  the  guilt  of  the  transaction.  This,  however,  was  not 
at  first  the  general  public  sentiment ;  but  when,  as  the  in- 
vestigation proceeded,  it  was  found  that  all  those  implica- 
ted in  the  transaction  were  masons ;  that  with  scarce  an 
exception  no  mason  aided  in  the  investigation  ;  that  the 
whole  crime  was  made  a  matter  of  ridicule  by  the  masons, 
and  ev^en  justified  by  them  openly  and  publicly  ;  that  the 
power  of  the  laws  was  defied  by  them,  and  the  committees 
taunted  with  their  inability  to  bring  the  criminals  to  pun- 
ishment before  tribunals  where  judges,  sheriffs,  jurors  and 
witnesses  were  masons  ;  that  witnesses  were  mysteriously 
spirited  away,  and  the  committees  themselves  personally 
vilified  and  abused  for  acts  which  deserved  commendation,  j 
the  impression  spread  rapidly  and  seized  a  strong  hold  ■ 
upon  the  popular  judgment,  that  the  masonic  institution , 
was  in  fact  responsible  for  this  daring  crime. 

Upon  this  particular  point  the  public  at  the  west  early  ( 
began  to  divide  into  parties  and  take  sides,  not  as  a  politi-' 
cal  question  at  first,  but  upon  the  fact  whether  the  mason- 
ic institution,  and  masons  generally,  were  essentially  and 
morally  guilty  of  the  crime  which  had'  been  perpetrated. 
The  unexpected  and  unusual  obstacles  and  difficulties 
thrown  in  the  way  of  the  investigation,  and  the  infatuated 
and  indefensible  conduct  of  many  individual  masons,  in 
relation  to  the  whole  affair,  stimulated  public  felling  to  the 


374  POLITICAL  rasTORY  [1820. 

highest  pitch  of  excitement.  The  spirit  and  energy  of  the 
people  certainly  increased  under  the  difficulties -attending 
the  examination,  but  it  may  be  questionable  whether  their 
coolness  and  discretion  were  improved.  Heated  by  the 
novelty  of  the  crime,  the  mystery  in  which  it  was  shroud- 
ed, the  thousand  wild  and  exaggerated  rumors  which  such 
novelty  and  mystery  were  well  calculated  to  set  afioat  and 
keep  alive,  there  were  not  wanting  those  who  denounced 
the  institution  in  the  severest  terms  as  blasphemous  and 
murderous,  and  every  member  as  a  traitor  and  a  murderer; 
and  this  language  was  not  only  used  in  public  meetings 
and  through  the  columns  of  newspapers,  but  in  oral  dis- 
cussions and  social  intercourse,  and  boldly  avowed  face  to 
face.  The  numerous  members  of  the  fraternity  who  had 
a  criminal  agency  in  the  offence  against  the  laws,  were 
naturally  both  alarmed  and  exasperated  by  the  persever- 
ing efforts  which  were  made  to  expose  the  whole  crime  ; 
and  most  of  them  being  at  that  time  unknown  and  unsus- 
pected, and  having  a  deep  stake  in  stifling  investigation, 
were  by  their  alarm  prompted,  and  by  their  situation  ena- 
bled, to  stimulate  the  highminded  and  really  innocent  mem- 
bers of  the  fraternity  with  a  feeling  of  indignation  at  a 
persecution  which  would  involve  in  one  sweeping  con- 
demnation all  the  members  of  an  entire  institution. 

A  great  portion  of  the  public  not  at  that  tiu:ie  knowing 
any  thing  of  the  nature  or  frame  of  the  masonic  institu- 
tion, and  not  being  able  to  distinguish  between  lodge-go- 
ing masons  and  those  who  had  been  disconnected  with  any 
lodge  by  reason  of  years  of  non-attendance,  acted  upon 
the  maxim  "  once  a  mason  always  a  mason,"  and  hesitated 
not  to  charge  every  individual  member  of  the  fraternity 
with  the  crime  which  had  been  committed  by  the  more 
active  and  infatuated  members.  The  really  innocent  and 
masonically  ignorant  members  of  the  fraternity  were  nat- 
urally indignant  at  such  imputations,    and   would   repel 


1S27.] 


OP    NEW-YORK. 


375 


them  with  no  measured  warmth,  wliile  the  artful  stimu- 
hints  of  the  really  guilty  hut  still  unsuspected  members 
would  have  both  the  effect  to  increase  the  heat  of  foeJin^ 
on  the  part  of  the  innocent,  and  enable  the  guilty  to  class 
themselves  with  men  of  undoubted  probity  and  character, 
as  the  victims  of  a  conmion  persecution. 

By  mutual  crimination  and  recrimination  the  excitement 
was  stimulated  to  the  highest  pitch  of  violence  almost 
ever  witnessed  in  the  country,  entering  into  all  the  reli- 
gious, political  and  social  relations  of  society.  Large 
numbers  were  determined  that  the  crime  of  Morgan's  ab- 
duction should  be  investigated  and  punished,  and  that  the 
veil  of  secresy  which  still  shrouded  this  dark  deed  should 
be  torn  away,  if  human  ingenuity  could  contrive  or  hu- 
man effort  eflect  this  object.  They  were  also  determined 
to  hold  the  masonic  institution  corporately  and  masons  in- 
dividually responsible  and  guiltv  of  this  abduction  and 
probable  murder.  Innocent  masons  sheltered  themselves 
in  inactivity  and  complaints  of  persecution  :  guilty  ones, 
in  louder  complaints,  violent  recrimination,  fierce  defi- 
ance and  active  efforts  to  cover  up  or  remove  all  evidence 
of  guilt.  Men  who  were  not  masons,  and  in  advance  of 
any  political  action,  were  at  a  loss  which  side  to  take. 
Each  took  the  side  which  his  own  relations,  associations, 
means  of  information  or  temperament  pointed  out  as  pro- 
per arid  just.  All  such  men,  it  must  be  assumed,  desired 
justice  to  be  done  ;  but  many  such  men  either  doubted  the 
existence  of  the  crime,  the  propriety  of  the  course  pursu- 
ed in  the  investigation,  or  the  justice  of  holding  all  the 
masons  guilty  of  a  crime  which  was  not  yet  proved  upon 
any. 

This  was  the  situation  of  affairs  up  to  the  time  of  the 
trial  of  Lawson  and  others  before  Judge  Throop,  (after- 
wards governor,)  in  January,  1827.  Many  develop- 
ments were  expected  from  that  trial,  which  would  settle; 


376  POLITICAL    HI3T0RY  [1827. 

the  public  mind  as  to  the  facts;  but  contrary  to  the  expec- 
tation of  all,  the  defendants  pleaded  guilty,  and  thus  shut 
out  the  evidence  or  legal  proofs  wliieh  the  public  judg- 
ment craved,  and,  if  any  thing,  left  the  public  mind  in  a 
liigher  state  of  excitement  than  before.  It  was  upon  the 
occasion  of  sentencing  these  conspirators,  that  Judge 
Throop  used  the  just,  eloquent  and  appropriate  language 
which  has  peen  so  often  quoted  in  the  newspapers.  In  re- 
lation to  the  then  pervading,  excitement  he  said:  '-Your 
conduct  has  created,  in  the  people  of  this  section  of  the 
country,  a  strong  feeling  of  virtuous  indignation.  The 
court  rejoices  to  witness  it — to  be  made  certain  that  a  citi- 
zen's person  cannot  be  invaded  by  lawless  violence,  with- 
out its  being  felt  by  every  individual  in  the  community. 
^  is  a  blessed  spirit,  and  we  do  hope  that  it  will  not  sub- 
side; that  it  will  be  accompanied  by  a  ceaseless  vigilance 
and  untiring  activity,  until  every  actor  in  this  profligate 
conspiracy,  is  hunted  from  his  hiding  place,  and  brought 
before  the  tribunals  of  his  country,  to  receive  the  punii^h- 
ment  merited  by  his  crime.  We  think  we  see  in  this  pub- 
lic sensation,  the  spirit  which  brought  us  into  existence  as 
a  nation,  and  a  pledjxe  that  our  riixhts  and  liberties  are 
destined  to  endure."  This  language,  just  and  appropriate 
as  it  was,  evidently  alluded  to  the  existing  excitement,  in 
relation  to  the  novel,  undeveloped  and  mysterious  crime 
of  which  several  of  the  western  counties  had  been  the 
theatre  of  commission.  Anti-masonry,  at  that  time,  had 
not  become  {)olitical. 

As  has  been  before  remarked,  the  excitement  against 
the  masons  so  far  from  being  allayed  by  the  result  of  this 
trial,  only  burned  with  the  greater  fierceness.  Other  cir- 
cumstances contributed  to  produce  this  result.  About  this 
time,  delegates  from  the  several  committees  went  to 
Lewiston,  to  endeavor  to  penetrate  the  secret  which  still 
covered  the  final  fate  of  Morjran.     The  gentlemen  of  this 


1827.]  OF    NEW-YORK.  377 

convention,  commonly  called  the  Lewiston  convention, 
were  so  successful  in  their  mission,  as  to  ascertain  to  their 
satisfaction,  and  to  the  satisfaction  of  those  who  reposed 
confidence  in  them,  that  Morgan  had  been  carried  to  Fort 
Niagara;  there  confined  in  its  magazine,  and  there,  or  near 
there,  eventually  put  to  death.  Their  narrative  was  not 
pul)lished  until  some  time  afterwards  ;  but  the  leading 
facts  were  given  to  the  wings  of  the  wind  through  a  thou- 
sand rumors,  and  they  lost  nothing  in  horror  by  re[)eti- 
tion.  Morgan's  book,  to  suppress  which  was  the  whole 
object  of  the  conspiracy,  had  been  published,  disclosing 
the  then  obligations  and  ceremonies  of  the  first  degrees  of 
masoruy;  and  there  were  rumors  of  bloodier  obligations! 
attached  to  the  higher  degrees.  All  these  things — the 
number  of  masons  actually  engaged  in  the  conspiracy — 
the  nature  of  their  obligations — the  conduct  of  masons 
themselves — some  of  their  idle  and  unmeaning  threats — 
served  to  lash  the  public  feeling  into  such  a  state  of  fury, 
that  under  almost  anv  other  government,  the  outbreak 
must  have  been  marked  by  horror  and  bloodshed.  The 
genius  of  our  government  seemed  to  furnish  a  safety-valve 
for  the  ebullition  of  this  feeling  of  a  more  quiet  and  peace- 
ful character,  viz  :  the  ballot  box.  The  people  were  ex- 
cited. The  last  election  had  passed  with  the  success  of 
Mr.  Clinton  as  governor,  and  the  success  of  the  Bucktails  ! 
in  both  branches  of  the  legislature.  Its  excitements  and 
its  interests  were  forgotten,  or  rather  wholly  swallowed 
up  in  a  more  engrossing  subject.  A  groaf  mass  of  the 
people  in  many  of  our  western  towns,  without  any  regard 
to  their  previous  political  designations,  united  in  the  belief 
that  masonry  and  masons  had  violated  the  laws;  that  ma- 
sonry and  masons  had  obstrueted  the  executiun  of  the 
laws  ;  that  masonry,  by  its  very  constitution,  set  itself 
above  the  laws;  and  that  masonry  was  a  dangerous  insti- 
tution and  must  be  put  down.     Being  themselves   trained 


378  POLITICAL  nisTORV  [1827. 

by  habit  and  education  to  respect  the  laws,  they  saw  no 
other  mode  to  efl'ect  their  object,  except  that  which   the 
constitution  put  into  their  hands.     At  many  of  their  town 
meetings  in  the  spring  of  1827,  they   resolved  and  acted 
:  u\Km  the  resolution,  that  no  adhering  free  mason  was  wor- 
•  thy  to  receive  the  votes  of  freemen  for  any  office;  and  by 
their  votes,  they  excluded  free  masons  from  office.     It  is 
iniijossible  now  to  say,  which  town  lirst  set  this  example, 
ol'  bi-ingiiig  the  subject  of  free  masonry  to  the  test  of  the 
ballot  box  ;   the  movements  in   this   respect   were   nearly 
siinultaneou     in   severa    towns  in  Genesee   and  Monroe 
counties.     It    is    impossible    too,    to   say,   whether    these 
movements  were  first  com^menced   by   the  opponents  of 
free  masonry,  to  put  down  the   institution,  or  by  the  free 
masons   to  put  down   the   committees.     Each,  probably, 
commenced  the  movement  in  ditlerent  tov»'ns.     The  feel- 
ing rose  so  strong  and  fierce  on  both  sides,  that  it  was  evi- 
dent that  it  must  find  vent  somewhere  ;  and  it  was  fortu- 
nate for  the  country,  that  the  nature  of  our  institutions 
furnislied  a  constitutional  vent,  where  so  little  harm  W'ould 
be  done.     Thus,  in    fact,    political   anti-masonry  had  its 
commencement.     It   presented   but  a  single  point,  the  de- 
struction of  free  masonry  through  the   instrumentality  of 
the   ballot  box.     People   at   first  arrayed   themselves   on 
each  side  of  this  question — with  reference  to  this  question 
alone — and  with  utter  disregard  of  all  previous  political 
designations  and  distinctions.     It  was  emphatically  a  spon- 
taneous moveuicnt  of  the  people  themselves,  not  only  in 
absence   of,  but  in   defiance  of  the  counsels   of    political 
leaders.     It  was,  in   truth  and  reality,  a  spontaneous  out- 
break of  popular  impulse,  prompted  by  no  leader,  guided 
by  110  politician.     Its   first  and   principal   purpose  was  to 
aid  in  the  execution  of  the   laws  by  the  ballot   box  ;  to 
strengthen  the  arm  of  justice  by  the  elective  franchise. 


1827.]  OF  m:w-vork.  37J) 

It  is  not  necessary  here,  nor  does  it  come  within  the 
scope  of  this  treatise  at  all,  to  say  wheth(;r  the  views  of 
t!ie  anti-masons  were  right  or  wrong  ;  wholhcr  their  prin- 
ciple of  exclusion  of  free  masons  was  worthy  or  unworthy 
of  themselves  or  the  country  ;  whether  their  manner  of 
political  action  was  justifiable  or  prudent  or  otherwise  : 
those  topics  may  find  an  appropriate  place  in  a  freatist;  of 
another  character.  In  ordc.-r  to  show  fairly  the  causes  of 
the  rise  of  the  anti-masonic  party,  as  a  political  party,  it 
has  been  deemed  necessary  to  say  thus  much  of  its  origin, 
as  its  rise  is  intimately  connected  with  the  outrage  upon 
Morgan  ;  but  the  history  of  that  transaction,  important 
though  it  may  be  in  another  point  of  view,  will  only  be  ' 
adverted  to  here  as  connected  with  the  rise  and  progress 
of  the  political  party  whose  history  is  now  under  consid- 
eration. 

Though  this  was  the  starting  point  of  anti-masonry  as 
a  political  party,  yet  it  is  not  to  be  understood  that  this 
party  even  then,  or  until  some  considerable  time  after- 
wards, assumed  the  perfect  form  and  feature  of  an  organ- 
ized party.  The  town  elections  above  mentioned  were 
the  results  of  the  desultory  and  spontaneous  efforts  of  the 
people  themselves  in  different  towns.  Those  who  were 
generally  considered  as  political  leaders  were  mostly 
averse  to  taking  political  ground  in  this  manner.  Their 
old  party  ties  and  associations  were  still  cherished  ;  and 
practised  politicians  upon  either  side  were  averse  to  aban- 
doning the  parties  with  which  they  had  so  long  acted. 
Sotne  of  them  desired  to  preserve  and  continue  the  old 
party  organization,  but  so  to  conduct  their  respective  ope- 
rations as  to  prevent  the  nomination  of  masons  by  the 
conventions  of  either  political  party.  In  this  way  it  was  i 
hoped  by  some,  that  masonry  could  be  effectually  put 
down  in  a  quiet  manner,  without  incurring  the  imputation 
of  removing  old  political  landmarks,  or  dissolving  old  po-  ^ 


380 


POLITICAL     HISTORY 


[1827. 


litical  associn  tions.  If  reflection  did  not,  subsequent  cir- 
cumstances did  show,  that  all  such  speculations  were  idle. 
Masons  were  no  more  willing  to  be  proscribed  in  the  con- 
ventions than  at  the  polls,  and  it  might  have  been  foreseen 
that  one  party  or  the  other  would  bid  for  their  aid.  The 
then  ]-)Osture  of  political  parties,  both  in  regard  to  state 
and  national  politics,  may,  and  probably  did,  have  some- 
thing to  do  in  making  anti-masonry  political.  Mr.  Clin- 
ton had  been  elected  governor,  and  it  began  by  this  time 
to  be  understood  that  he  would  unite  with  Mr.  Yqu  Buren 
in  the  support  of  Gen.  Jackson  for  the  presidency.  This 
determination  of  Mr,  Clinton  was  not  acceptable  to  many 
of  his  political  friends.  On  the  other  hand,  a  large  por- 
tion of  the  bucktails  at  the  west  were  dissatisfied  with 
the  former  movement  of  their  political  friends  to  force  the 
nomination  of  Mr.  Crawford  ;  they  were  suspicious  that 
the  recent  election  of  jSIr.  Clinton  was  produced  by  the 
supineness  if  not  treachery  of  their  political  friends  at  the 
east,  and  they  were  jealous  of  the  reputed  union  between 
Mr.  Clinton  and  Mr.  Van  Buren  to  secure  the  vote  of  the 
state  for  Gen.  Jackson.  All  these  circumstances  gave  the 
politicians  of  the  Clintonian  party,  opposed  to  Gen,  Jack- 
son, who  were  upon  the  committees  of  investigation,  a 
convenient  opportunity,  by  operating  upon  the  prevalent 
public  sentiment  against  masonry,  to  direct  the  attention 
of  those  v.'ho  were  thus  hostile  to  masonry,  to  the  fact 
that  both  Gov,  Clinton  and  General  Jackson  were  high 
masons,  and  that  their  political  union  was  another  evi- 
dence of  masonic  influence,  and  thus  stimulate  this  senti- 
ment to  the  opposition  of  both.  The  Clintonian  commit- 
tee men  could,  in  this  mode,  present  the  appearance  of 
magnanimity  in  giving  up  their  own  cherished  leader,  and 
with  the  better  grace  ask  the  bucktails  in  Hke  manner  to 
give  up  Gen.  Jackson,  whom,  without  the  interference  of 
ant' -masonry,  that  party  would  have  very  generally  sup- 


1827.]  OF   NEW-YORK.  381 

ported.  As  the  situation  of  political  parties  at  that  time 
furnished  shrewd  and  calculating  politicians  with  oppor- 
tunities for  so  directing  the  prevalent  public  feeling,  it  has 
been  supposed  that  they  took  advantage  of  it  to  give  such 
direction  to  public  action.  Possibly  something  of  this 
kind  may  have  been  done  or  attempted  ;  yet  a  careful 
consideration  of  the  state  of  public  sentiment  at  that  time 
must  satisfy  any  one  that  but  little  could  have  been  effect- 
ed in  this  way.  In  a  state  of  high  excitement  in  any 
community  few  can  remain  cool  and  unaffected  by  the  pre- 
valent public  sentiment ;  and  those  that  do,  by  not  enter- 
ing into  the  feeling  themselves,  have  seldom  the  power  of 
giving  direction  to  public  feeling.  Those  who  are  excited 
themselves  will  receive  directions  and  suggestions  only 
from  those  who  are  heartily  and  earnestly  imbued  with 
the  same  general  feeling. 

The  truth  is,  the  public  were  highly  excited,  and  the 
excitement  pervaded  all  classes  of  people.  If  the  more 
practised  politicians  were  desirous  of  giving  a  different  di- 
rection to  the  public  feeling,  they  found  it  was  substan- 
tially out  of  their  power.  The  people  had  themselves 
determined  to  bring  the  subject  of  free  masonry  to  the 
test  of  the  ballot  box,  laying  out  of  view  all  other  politi- 
cal questions,  and  those  who  felt  with  them  were  con- 
strained to  follow  the  popular  impulse.  The  investiga- 
tion of  the  abduction  during  the  summer  of  1827,  had 
made  many  converts  to  this  sentiment,  and  before  the  fall 
elections  came  on,  those  who  were  determined  to  make 
masonry  a  test  at  the  elections,  were  a  majority  in  several 
counties,  though  the  fact  was  not  generally  belivcd  until 
after  the  elections  were  held.  During  all  this  time,  and 
indeed  during  the  whole  contest,  the  masons  complained 
of  this  course  as  unjust  and  prescriptive.  And  on  the 
other  hand  the  anti-masons,  even  while  preparing  their 
tickets  for  the  canvass,  strenuously  insisted  that  their  ob- 


382 


POLITICAL    HISTORY 


[1827. 


jects  were  not  political.  They  seemed  at  first  to  have  had 
an. earnest  desire  to  escape  the  imputation  of  making  anti- 
masonry  a  political  party.  Their  probable  object  in  do- 
ing this,  while  they  avowed  they  would  not  vote  for  a 
mason  for  office,  was  to  inform  the  existing  political  par- 
ties, that  as  to  the  political  grounds  upon  which  they  were 
divided,  they  should  neither  commit  themselves  or  take 
sides.  They  only  committed  themselves  not  to  support  a 
mason  of  any  party  ;  and  as  neither  political  party  would 
adopt  that  rule  of  exclusion,  they  were  forced  to  run  a 
ticket  of  their  own  ;  but  by  so  doing,  they  did  not  mean 
to  consider  themselves  bound  to  supj)ort  the  measures  of 
either  political  party.  They  had  an  object  of  iheir  own 
to  accomplish,  which  was  of  paramount  importance  in 
their  estimation,  and  they  asked  all  citizens  of  whatever 
former  politics,  to  aid  them  in  the  accomplishment  of  this 
object.  By  this  general  invitation  they  would  offend  the 
previous  political  feelings  or  prejudices  of  none.  If  this 
invitation  was  accepted  by  the  mass  of  the  voters,  the  for- 
mer political  parties  would  be  broken  up  and  destroyed. 
This  result  was  of  course  foreseen  by  the  politicians  of  all 
parties.  The  political  leaders  were,  however,  desirous  of 
preserving  the  organization  of  the  respective  parties. 
Many  of  them  were  not  sufficiently  imbued  with  the  s[)irit 
of  hostility  to  the  masons  to  take  ground  with  the  new 
party  ;  many  of  them  thought  the  basis  of  the  anti-ma- 
sonic party  was  too  narrow  and  proscriptive  to  meet  witli 
success;  or,  if  it  was  successful,  that  the  ascendancy  would 
be  temporary  and  ephemeral  ;  and  so  they  determined  to 
stand  by  their  old  party  discipline  and  usages.  This  was 
rather  the  feeling  previous  to  the  election  of  1827.  The 
bucktails  made  their  nominations — the  Adams  party  made 
theirs — and  the  anti-masons  made  theirs  without  any  re- 
gard to  previous  political  distinctions.  The  result  astoi> 
ished  all — even  the  anti-masons  themselves — and  opened 


1827.]  OF    NEW-YORK.  383 

the  eyes  of  politicians  to  the  growing  power  of  this  new 
party.  At  this  election,  the  anti-masons  carried  Genesee^ 
Monroe,  Livingston,  Orleans  and  Niagara  counties,  in  face 
of  both  the  other  parties. 

At  this  election,  the  candidates  of  the  Adams  party  re- 
ceived but  few  votes  comparatively.  The  candidates  of 
the  bucktail  party  took  by  far  the  largest  share  of  the 
votes  which  were  not  cast  for  anti-masonry,  in  the  coun- 
ties where  anti-masonry  was  made  a  question.  The  final 
result  of  the  operation  of  anti-masonry  upon  the  existing 
political  parties  was  faintly  foreshadowed  by  its  evident 
effect  in  this  election  in  these  few  counties.  A  large  ma- 
jority of  the  masons,  in  both  political  parties,  felt  them- 
selves proscribed  by  the  rule  which  the  anti-masons  had 
adopted,  and  would,  from  this  feeling,  vote  with  the  party 
which  showed  the  greatest  strength,  antagonistical,  to 
anti-masonry.  Many  of  the  prominent  members  of  both 
parties  also,  who  were  not  masons,  and  who  were  willing 
to  see  the  outrage  investigated,  were  yet  unwilling  to  give 
up  their  party  organization,  and,  perhaps,  thought  that  it 
was  unjust  and  impolitic  to  preclude  every  member  of  the 
masonic  fraternity  from  holding  office.  Some  of  the  pol 
ticians  of  the  old  Clintonian  party  were,  by  their  associa- ' 
tions,  thrown  into  the  Jackson  party,  so  that  parties  in  the 
west  essentially  changed  ground.  The  incipient  Jackson 
party  was  formed  of  a  portion  of  the  old  and  regular  buck- 
tail  party — a  majority  of  the  masons  who  felt  themselves 
aggrieved  by  the  application  of  the  anti-masonic  principle 
— and  some  of  the  leading  Clintonians.  The  Adams  party 
was  left  with  but  few  in  numbers  :  composed  mostly  of 
Clintonians,  who,  though  masons,  were  unwilling  to  join 
the  Jackson  party  and  could  not  act  with  the  anti-masons, 
and  some  Clintonians  who  were  not  masons,  and  were  un- 
willing to  act  with  either  of  the  other  parties.  The  anti- 
masonic  party  was  composed  of  a  large  majority  of  the 


.-,' 


384  POLITICAL    HISTORY  [1827. 

old  Clintonian  party,  and  indeed  almost  the  entire  party, 
with  the  above  exceptions,  and  a  very  considerable  por- 
tion of  the  buektail  party,  comprising  a  great  force  in 
votes  at  the  polls,  and,  perhaps,  not  a  great  force  of  the 
old  political  leaders.  It  is  to  be  observed,  that  these  re- 
marks ai-e  to  be  deemed  to  be  confaied  to  the  western 
counties,  commonly  called  "  the  infected  district,"  where 
anti-masonry  had  its  origin. 

A  new  party  thus  organized,  like  the  anti-masonic  par 
ty,  of  materials  never  before  accustomed  to  be  assimilated, 
comparatively  without  leaders,  and  having  but  one  object 
in  view,  and  moved  by  a  feeling  of  high  excitement,  would 
not  be  likely  to  be  choice  in  the  selection  of  their  candi- 
dates. There  is  a  strong  instance  of  this  in  the  election 
of  ]8'27.  An  anti-masonic  convention  for  tlie  8th  senato- 
rial district  was  held  in  that  year  for  the  nomination  of  an 
anti-masonic  candidate  for  senator.  They  were  somewhat 
at  a  loss  who  to  take  in  the  immaturity  of  the  party,  and 
selected  with  imprudent  haste  and  without  due  inquiry, 
George  A.  S.  Crooker,  as  their  candidate,  and  he  was  for- 
mally announced  as  such,  and  votes  regularly  printed  and 
distributed  for  him.  The  anti-masonic  committee  at 
Rochester  ascertained  that  Mr.  Crooker  was  not  only  a 
mason,  but  that  he  was  in  other  respects  an  unworthy  can- 
didate for  any  party,  and  recommended  that  Timothy  H. 
Porter,  the  nominee  of  the  bucktail  party,  should  receive 
the  suffrages  of  the  anti-masons.  This  recommendation, 
though  given  upon  the  eve  of  the  election,  was  effective  ; 
Crooker  was  dropped  and  Mr.  Porter  was  elected  by  a 
large  majority. 

During  this  time  there  were  many  secessions  from  the 
masonic  fraternity,  and  the  seceding  members  not  only 
confirmed  the  truth  of  Morgan's  "Illustrations"  of  the 
first  degree  of  masonry,  but  penetrated  farther  into  the 
arcana  of  the  masonic  mysteries,  and  disclosed  the  cere- 


1828.]  OF    NEW-YORK.  385 

monies  and  obliixations  of  several  of  the  higher  decrees  of 
masonry.  These  disclosures  induced  the  anti-masons  to 
receive  the  seceding  members  into  their  fellowship,  and 
welcome  them  with  warmth  into  their  ranks,  with  every 
assurance  of  protection.  They  contributed  also  to  still 
further  excite  the  public  feeling  in  the  western  counties 
against  the  institution,  and  to  prompt  them  to  greater  ex- 
ertions to  abolish  it  through  the  medium  of  the  ballot-box. 
The  institution  was  now  looked  upon  as  based  on  princi- 
ples dangerous  in  a  free  government,  subversive  of  polit- 
ical equality,  and  hostile  to  the  impartial  administration 
of  justice.  The  overthrow  of  the  institution  was  now  the 
principal  object  to  be  accomplished,  and  the  abduction  of 
Morgan  was  referred  to  as  one  among  the  many  evidences 
of  the  dangerous  and  secret  power  of  free  masonry.  Con- 
verts to  the  side  of  anti-masonry  increased  rapidly.  In 
March,  1828,  the  first  general  convention  was  held  at 
Le  Roy  upon  this  subject,  and  was  composed  of  delegates 
from  twelve  of  the  western  counties.  The  delegates  were 
numerous  and  highly  respectable  for  their  standing  and 
character.  The  whole  scope  of  the  proceedings  of  this 
convention  was  to  present  to  the  public  the  dangerous 
principles  of  free  masonry,  to  excite  attention  to  it,  and 
evoke  action  against  it.  This,  as  at  the  first,  was  the  only 
point  to  which  action  was  asked.  There  was  no  political 
resolution  passed,  except  that  which  declared  that  free 
masonry  was  unworthy  to  exist  in  a  free  government. 
Yet  this  convention  was  political  in  its  object  in  this  sense, 
that  it  endeavored  to  bring  public  opinion  to  bear  upon 
the  institution  of  free  masonry  through  the  ballot  box  ; 
and  the  better  to  effect  that  object,  they  recommended  the 
calling  of  a  state  convention  at  Utica,  in  August  follow- 
ing. At  the  Le  Roy  convention,  Samuel  Works,  Henry 
Ely.  Frederick  F.  Bachus,  Frederick  Whittlesey  and 
Thurlow  Weed  were  appointed  a  general  central  commit- 

Y 


386  POLITICAL    HISTORY  [1828. 

tee.  These  gentlemen  were  continued  in  that  station  by 
subsequent  state  conventions,  and  with  the  addition  of 
Bates  Cook  and  Tiinonthy  Fitch,  held  it  as  long  as  anti- 
masonry  continued  to  be  a  separate  and  distinct  party. 

The  object  of  calling  the  convention  at  Utica,  in  Au- 
gust, was  not  stated  to  be  for  the  purpose  of  nominating 
anti-masonic  candidates  for  governor  and  lieutenant  go- 
vernor ;  but  it  was  very  generally  understood  that  such 
step  would  be  taken  by  that  convention ;  and  it  w^as  al- 
most equally  generally  believed,  that  Francis  Granger 
would  be  the  nominee  of  the  anti-masons  for  the  office  of 
governor. 

The  other  political  parties  were  activeh'  engaged  in  the 
presidential  contest,  to  be  decided  at  the  ensuing  election, 
and  watching  with  keen  interest  the  course  of  events  which 
might  affect  their  several  political  prospects.     The  nation- 
al republican  part}^  supported  Mr.  Adams  as   their  candi- 
date for  president.     It  was  apparent  that  this  party  could 
ihave  no  hope  of  success  for  their  state  ticket,  unless  they 
[could  secure  to  its  aid  the  anti-masonic  vote.     As  a  ma- 
I  jority  of  the  anti-masons  were  from  this  party,  it  did  not 
seem   to  its   leaders  difficult   to  command   their  support. 
They  supposed  that  by  calling  their  state  convention  first, 
and  so  far  yielding  to  the  anti-masonic  sentiment  as  to  put 
in  nomination  candidates  who  were   not  masons,  particu- 
larly if  Mr.  Granger,  the  ex[)ected  candidate  of  the  anti- 
masons,  was  put  upon  the  ticket,  the  anti-masons,  at  their 
convention  would  cordially  respond  to  such   nominations 
and  their  success  secured.     The   national  republicans  did 
call  their  state  convention,  which  was  held  a  few  days  in 
advance  of  the  time  selected  ?or  the  meeting  of  the   anti- 
masonic  convention,  and  nominated  Judge  Smith  Thomp- 
son as  their  candidate  for  governor,  and  Francis  Granger 
as   their   candidate   for  lieutenant  governor.     The    anti- 
masons   were    almost    universally    dissatisfied    with    th's 


1828.]  OF    NEW-YORK.  387 

movement  of  the  national  republicans,  and  thought  that 
they  had  resorted  to  this  expedient  to  prostrate  the  anti- 
masonic  nominations  and  stifle  anti-masonry  in  the  cm- 
brace  of  a  mere  political  party.  Anti-masonry  had  taken 
the  ground  that  it  could  carry  the  question  of  masonry  to 
the  polls,  and  believing  this  to  be  a  matter  of  greater  im- 
portance and  higher  moment  than  any  mere  political  ques- 
tion, and  being  eager  and  enthusiastic  in  the  cause,  thev 
determined  in  any  event  to  make  nominations  distinctly  on 
that  ground,  and  compel  the  national  republican  party  to 
accept  them  or  lose  the  state.  In  other  words  the  anti- 
masons  wished  to  force  the  national  republicans  to  wield 
their  political  strength  to  aid  in  the  destruction  of  the  ma- 
sonic institution,  and  consequently,  though  Judge  Thomp- 
son was  no  mason,  and  Mr.  Granger  was  a  favorite  with 
the  anti-masons,  the  national  republican  nominations  not 
being  placed  upon  anti-masonio  grounds,  met  with  no 
favor  from  the  anti-masons.  Indeed  if  the  national  re- 
publican convention  had  nominated  precisely  the  same  in- 
dividuals whom  the  anti-masons  would  have  themselves 
nominated,  yet  it  is  probable  that  the  anti-masons  v/ould 
not  have  responded  even  to  such  nominations. 

Soon  after  these  nominations  were  made,  the  anti-ma- 
sonic convention  met  at  Utica.  The  following  resolution, 
adopted  as  a  measure  necessary  "  to  counteract  the  influ- 
ence and  destroy  the  existence  of  masonic  societies,"  records 
the  position  in  which  the  anti-masonic  party  then  desired 
to  place  themselves  before  the  public  : 

*'■  6.  That  it  is  expedient  for  this  convention,  in  pursuit 
of  the  good  objects  to  be  accomplished,  wholly  to  disre- 
gard the  two  great  political  parties,  that  at  this  time  dis- 
tract this  state  and  the  union,  in  the  choice  of  candidates  for 
office  ;  and  to  nominate  anti-masonic  candidates  for  go- 
vernor and  lieutenant  governor." 


388  .    POLITICAL    HISTORY  [1828. 

The  anti-masonic  convention  did  nominate  such  candi- 
dates. Mr.  Granger  not  having,  at  that  time,  accepted 
the  previous  nomination,  he  was  now  nominated  as  candi- 
date for  governor,  and  John  Crary  of  Washington  county, 
as  candidate  for  lieutenant  governor.  These  two  gentle- 
men had  recommended  themselves  to  the  favor  af  the  anti- 
masonic  party  by  their  course  in  the  legislature,  the  for- 
mer in  the  assembly,  and  the  latter  in  the  senate,  upon 
questions  connected  with  the  abduction  of  Morgan,  which 
were  presented  for  legislative  action.  After  the  adjourn- 
ment of  this  convention,  Mr.  Granger  had  two  invitations 
before  him  to  stand  as  the  candidate  of  the  respective  con- 
ventions, but  for  different  offices.  He  could  not  well  ac- 
cept both,  and  there  was  great  interest  felt,  to  know  how 
he  would  decide.  His  political  sentiments  were  known  to 
be  in  favor  of  Mr.  Adams  and  his  measures  ;  and  he  also 
approved  to  a  great  extent  of  the  anti-masonic  action.  He 
was,  in  fact,  what  might  then  be  called  a  national  repub- 
lican anti-mason  ;  designations  which  just  at  that  time 
came  into  collision,  and  were  in  some  sense  inconsistent 
with  each  other.  He  doubtless  wished,  in  common  with 
many  others,  to  see  the  whole  available  opposition  to 
General  Jackson  brought  to  act  in  concert  and  harmony. 
Whether  he  supposed  it  was  possible  to  effect  this  object 
is  doubtful  ;  but  he  had  been  committed  by  his  friends  in 
some  degree  to  both  sides.  His  was  then  a  difficult  and 
delicate  position,  and  he  suffered  some  time  to  elapse,  pro- 
bably with  the  hope  of  removing  all  the  difficulties  before 
he  made  his  decision.*  If  he  had  any  such  hope,  he  found 
it  a  vain  one,  and  finally  decided  by  declining  the  anti- 
masonic  nomination  for  the  higher  office,  and  accepting 
that  for  the  secondary  office,  which  had  been  tendered  him 
first.  He  foresaw  that  neither  ticket  could  be  success- 
ful, as  harmony  and  concert  were  impracticable  ;  and  he 
thought,  probably,  that  it  was  both  more  candid,  honora- 

*  This  is  an  error.    See  ante  p.  285. 


1828.]  OF    NEW-YORK.  369 

ble  and  politic  to  accept  the  nomination  first  tendered. 
This  decision  excited  the  hopes  of  the  national  repub- 
licans, and  the  anger  of  the  anti-masons.  With  the 
latter,  Mr.  Granger  passed  at  once  from  the  station  of  a 
popular  favorite,  to  become  the  object  of  bitter  denuncia- 
tion. The  anti-masons  were  resolved  not  to  be  foiled  in 
their  determination  to  have  a  candidate  of  their  own, 
either  by  the  movements  of  the  national  republicans,  or 
the  declination  of  their  own  nominee.  They  were  disap- 
pointed by  this  declination  ;  but  the  disappointment  pro- 
duced heat,  excitement  and  prompt  action,  instead  of  inac- 
tion or  despondency.  But  their  zeal  and  energy,  in  this 
emergency,  far  exceeded  their  discretion  and  good  judg- 
ment in  the  selection  of  the  person  to  supply  Mr.  Gran- 
ger's place. 

Solomon  Southwick  of  Albany,  had  previously  played 
a  conspicuous  part  in  the  political  history  of  this  state. 
He  was,  at  all  times,  vain  and  egotistical  in  his  claims  to 
personal  consequence,  visionary  and  unsound  in  his  politi- 
cal views,  and  unstable  and  wavering  in  his  political 
course.  These  defects  of  character  and  the  conduct 
naturally  flowing  from  them,  had  at  the  time  anti-masonry 
broke  out,  reduced  him  to  poverty  in  pecuniary  resources, 
and  discredit  in  political  reputation.  He  conducted  a 
newspaper  in  Albany.  He  had  been  a  mason.  He  ac- 
quired some  credit  with  the  anti-masons  by  an  early  re- 
nunciation of  his  masonic  ties  and  denunciation  of  the 
masonic  institution.  His  own  movements  plainly  showed 
that  he  wished  to  turn  the  circumstance  to  account,  both 
to  add  to  the  support  of  his  paper  and  advance  his  own 
visionary  projects  of  personal  ambition.  He  acted  in 
concert  with  many  masons  at  the  west  in  preparing  a 
general  renunciation  and  exposition  of  free  masonry. 
General  meetings  for  this  object  were  held  at  Le  Roy,  in 
January  and  July,  1828,  at  which  Mr.  Southwick  was  a 


390  POLITICAL     HISTORY  [1828. 

conspicuous  member.  On  occasion  of  one  of  his  visits  to 
the  west,  he  was  invited  by  a  few  seceding  masons  to 
stand  as  candidate  for  governor.  A  correspondence  was 
duly  had  and  published  ;  Mr.  Southwick  expressing  a  wil- 
lingness to  be  used  as  a  candidate.  The  general  senti- 
ment of  the  anti-masons  did  not  respond  to  this  move- 
ment, and  it  was  looked  upon  as  an  abortion.  The  decli- 
nation of  Mr.  Granger,  and  the  angry  feeling  with  which 
it  was  received  by  the  anti-masons  generally,  furnished  a 
good  opportunity  for  these  ardent  friends  of  Mr.  South- 
wick to  renew  their  movement.  A  few  of  them  met  at 
Le  Roy  and  put  him  in  nomination  for  the  place  vacated 
by  Mr.  Granger.  The  anti-masonic  committees  made  no 
concerted  movement  to  have  a  new  candidate  regularly 
brought  out ;  the  mass  were  angry  at  Mr.  Granger:  deter- 
mined to  have  some  candidate  of  their  own,  they  did  not 
care  who,  and  they  gradually  and  of  their  own  accord, 
fell  in  with  the  nomination  of  Mr.  Southwick. 

It  may  be  safely  assumed  that  politicians  of  the  Jackson 
or  Tammany  party  did  what  they  could  to  favor  this  move- 
ment and  fan  the  excitement,  that  by  the  division  of  the 
other  party,  they  might  secure  the  election  of  Mr.  Van 
Buren.  But  such  extraneous  influences  were  to  a  great 
degree  unnecessary  ;  the  excited  feeUngs  of  the  anti-ma- 
sons did  what  no  mere  calculating  policy  could  effect.  It 
was  in  vain  that  the  better  informed  and  more  sagacious 
of  the  anti-masons  warned  them  that  the  character  of  Mr. 
Southwick  was  such  as  would  discredit  any  party  at  whose 
head  he  might  be  placed.  It  was  in  vain  that  several  of 
the  county  conventions  refused  to  concur  in  the  nomina- 
tion. The  people  were  excited  and  determined  to  have  a 
candidate.  They  thought  they  had  been  manoeuvred  out 
of  one,  and  they  resented  it ;  and  it  was  no  matter  what 
the  character  or  fitness  of  Mr.  Southwick  was,  they  knew 
they  could  not  elect  him,  but  they  would  show  by  their 


1828.]  OF    NRW-VORK.  3U1 

votes  for  him  that  they  had  an  energy  and  spirit  which 
could  not  be  deceived  or  subdued.  And  Mr.  South  wick 
was  in  fact  adopted  by  the  mass  of  the  people  in  the 
western  counties  as  their  candidate. 

Tne  election  came.  Mr.  Van  Buren  received  one  hun- 
dred aid  thirty-six  thousand  seven  hundred  and  ninety- 
four  votes  ;  Judge  Thomj)Son  one  hundred  and  six  thou- 
sand four  hundred  and  forty-four,  and  Solomon  Southwick 
thirty-three  thousand  three  hundred  and  forty-five  ;  the 
latter  mcstly  from  the  western  counties.  Mr.  Van  Bunm 
was  thus  elected  by  a  minority  vote  ;  but  such  were  the 
jealousies  between  the  national  republicans  and  anti-ma- 
sons, that  it  is  doubtful  whether  any  practicable  plan  could 
have  been  devised  by  which  the  entire  opposition  vote 
could  have  been  united  upon  one  man  and  thus  defeated 
Mr.  Van  Buren.  It  is  certain  that  if  anti-masonry  had 
had  no  existence,  Mr.  Van  Buren  must  have  been  elected, 
as  anti-masoirv  in  the  western  counties  drew  off'  a  lar<re 
detachment  )f  voters  from  the  support  of  Jackson  and 
Van  Buren  ;  and  many  of  the  former  friends  of  Mr.  Clin- 
ton would  ha-e  contributed,  as  they  did,  to  increase  the 
Jackson  and  \an  Buren  vote. 

As  General  Tackson  was  a  high  mason,  and  Mr.  Adams 
was  not  a  mason,  the  anti-masons  united  with  the  national 
republicans,  in  the  support  of  Adams  electors  ;  and  the 
electoral  vote  if  the  state  was,  in  consequence,  nearly 
equally  divided.  The  Jackson  party,  of  course,  carried  a 
majority  in  the  itate  legislature  ;  but  the  anti-masons  and 
national  republicans  elected  a  respectable  number  of  mein- 
l^ers.  As  yet,  mither  of  the  great  political  parties  in  the 
state  seemed  wiling  to  come  to  an  open  quarrel  with  the 
anti-masons  :  inteed,  they  both  showed  some  evidence  of 
a  desire  to  cares;,  conciliate  and  use  them  for  their  pur- 
poses. Anti-maonry  all  this  time  aimed  to  stand  inde- 
pendent of  and  ii  opposition  to  both. 


302  POLITKAI,    HISTORY.  [1829. 

Gov.  Van  Buren,  in  his  message  to  the  legislature  in 
January,  1829,  referred  to  the  subject  of  the  excitement 
growing  out  of  the  abduction  of  Morgan  in  terms  of  nao- 
deratc  commendation,  and  deprecated  the  perversion  of 
this  feeling  to  selfish  and  sinister  purposes.  It  was  evi- 
dently intended  to  convey  the  idea  that  the  excitement 
created  bv  a  great  and  local  cause  was  worthy  of  tlie  peo- 
ple among  whom  it  found  existence  ;  but  its  direction  to 
political  objects  was  unworthy  their  good  sense  and  intel- 
ligence. / 

Although  the  anti-masons  claimed  to  stand  independent 
of  both  political  parties  ;  and  although,  as  a  pirty,  they 
had  neither  avow^cd  or  expressed  any  opinion  upon  the 
great  and  leading  measures  of  the  country,  jet  it  soon 
became  quite  evident  that  this  party  must  eventually  be 
forced  into  opposition  to  the  Jackson  party.  Gtn.  Jackson 
himself  was  a  high  mason,  and  could  not,  upoi  the  funda- 
mental principles  of  anti-masonry,  in  any  e^ent,  be  sup- 
ported by  ihem.  The  anti-masons  requirec  a  civil  pro- 
scription of  masons.  The  Jackson  party  in  the  state 
could  not  yield  to  this  requirement  withou;  breaking  up 
the  bonds  of  their  strength  and  perilling  it^  power  ;  and 
the  anti-masonic  members  of  the  state  legislature  generally 
went  with  the  national  republicans  as  to  neasures.  All 
these  circumstances  clearly  indicated  that  tie  anti-masonic 
party  must  eventually  be  forced  into  opposiion  to  the  Jack- 
son party.  Doubtless,  Gov.  Van  Burert  perceived  this 
when  he  penned  his  message  to  the  legisl^ure  in  18:21). 

The  anti-masonic  party  held  a  conventpn  at  Albany  in 
Februarv,  1829.  Its  object  was  to  strenfjhen  themselves, 
extend  their  influence,  spread  informatioj,  and  advise  all 
that  they  were  neither  discouraged  nor  dsheartened.  Its 
proceedings  were  similar  to  those  of  forner  conventions, 
and  directed  exclusively  against  free  mas)nry. 


1830.] 


OF    NEW-YORK. 


393 


The  national  republican  parly,  thougli  tliey  polled  so 
large  a  vote  in  1828,  soon  found  that  they  had  not 
strength  to  effect  much  of  themselves,  and  as  an  indepen- 
dent and  separate  party,  they  dwindled  into  ineitness  and 
inactivity.  They  were  not  ready  to  unite  cordially  with 
the  anti-masons,  and  they  had  no  separate  power  of  their 
own  to  use  with  effect.  The  anti-masons  were  enthusias- 
tic, persevering  and  energetic.  At  the  election  in  1829, 
they  elected  Albert  H.  Tracy  senator  from  the  eighth 
district  by  a  majority  of  about  eight  thousand  votes,  and 
carried  the  counties  of  Erie,  Niagara,  Orleans,  Genesee, 
Livingston,  Monroe,  Allegany,  Cattaraugus,  Chautauque, 
Steuben,  Ontario,  Wayne,  Yates,  Seneca  and  Washington, 
and  polled,  as  js  computed,  about  sixty-seven  thousand 
votes. 

At  the  session  of  the  legislature  of  1830,  Lieut.  Gov. 
Throop,  then  acting  governor,  in  his  message,  alluded  to 
the  anti-masonic  excitement  with  less  of  dignitv  and  more 
of  petulance  than  had  characterized  the  preceding  mes- 
sage. He  speaks  of  it  as  originating  '*  in  an  honest  zeal 
overflowing  its  proper  boundaries,  misdirected  in  its  efforts 
and  carrying  into  public  affairs,  matters  properly  belong- 
ing to  social  discipline."  He  further  intimates  that  these 
feelings  "give  evidence  of  speedily  subsiding  into  their 
natural  and  healthful  channel."  It  seems  quite  apparent 
from  the  tone  of  this  message,  and  the  legislative  and  ex- 
ecutive action  during  the  ensuing  session,  that  the  Jackson 
party  now  found  that  they  must  stand  in  full  opposition  to 
the  anti-masonic  party,  and  they  probably  indulged  in 
some  apprehensions  as  to  the  power  of  a  party  who  had 
nearly  doubled  their  vote  in  a  single  year,  and  who  were 
bold,  confident  and  resolute  in  their  action.  At  any  rate 
legislative  action  at  this  session  was  more  than  commonly 
hostile  to  the  views  of  the  anti-masons,  who  went  on  with 
their  investigations  of  the  Morgan  outrage,  their  persecu- 


394  POLITICAL    HISTORY  [18S0. 

tion  of  free  tnasoiiry,  and  tlicir  political  movements  j)  :ri 
passu,  and  made  each  bear  ujion  the  other. 

The  anti-masons  again  lield  a  convention  at  Albany  in 
February,  1830.  .  After  providing  for  calling  a  nahonal 
convention  to  be  held  at  Philadelphia,  and  a  state  conven- 
tion fur  the  nomination  of  governor,  they  prepared  spe- 
cilic  charges  against  the  grand  chapter  of  tlie  state,  for 
furnishing  funds  to  aid  the  Morgan  conspirators  in  csca- 
|)iiig  from  justice,  and  thus  interfering  to  defeat  the  due 
adiiiinistration  of  the  laws.  A  memorial  on  that  subject 
was  drawn  up  and  presented  to  the  legislature  then  in  ses- 
sion, praying  for  the  appointment  of  a  committee  of  that 
body  to  investigate  the  conduct  of  the  grand  chapter  in 
tl'.is  respect,  inasmuch  as  said  chapter  had  received  an  act 
of  incorporation  from  the  legislature.  The  legislature,  by 
a  vote  of  seventy-five  to  thirty,  in  effect  refused  the  com- 
mittee, by  referring  the  whole  subject  to  the  attorney  gen- 
eral, and  if  he  should  find  the  grand  chapter  guilty,  to 
file  a  quo  ivarranto.  This  was  not  what  the  anti-masons 
wanted,  nor  w^as  it  of  any  use  to  them  in  their  inquiries 
concerning  the  grand  chapter,  inasmuch  as  proof  of  the 
charges  must  be  made  before  a  quo  xvarranto  would  be 
granted,  and  this  proof  could  be  obtained  only  from  mem- 
bers of  the  chapter,  who  would  not  volunteer  it ;  and  the 
sole  object  the  anti-masons  had  in  asking  for  a  legislative 
committee,  was  by  this  means  to  force  proof  from  the 
members  of  the  chapter.  The  anti-masons  deemed  that 
by  this  vote,  the  majority  of  the  legislature  had  declared 
themselves  hostile  to  inquiry  into  the  misdeeds  of  ma- 
sonry. Another  circumstance  operated  very  strongly  upon 
the  anti-masons  to  induce  a  settled  conviction  in  their 
minds  that  the  political  majority  were  hostile  to  them  in 
every  way,  even  in  the  prosecution  of  the  investigation. 
In  the  winter  of  1828,  a  law  for  the  appointment  of  spe- 
cial counsel  to  investigate  the  Morgan  outrage,  unasked 


1830.]  OF    NEW-YORK.  395 

for  iiiid  even  opposed  by  the  anti-masons,  was,  u[)on  iIk; 
rDcctniinendation  of  acting;  Gov(;nior  Pitcher,  pas.s(>(l. 
Judge  Mosely  was  first  appointed  to  that  olli';!;.  After  his 
resignation,  i\Ir.  John  C.  SpeiKx;r  rec<Mved  the  appoint- 
ment, lie  prosecuted  the  duties  of  this  otiice  with  his 
usual  indefatigable  industry  and  efTective  ability,  lie  had 
traced  the  web  of  the  criminal  mystery  with  such  consid- 
era'jje  success,  that  he  thoifght  by  the  application  of  the 
reward  of  two  thousand  dollars  which  Gov.  Clinton  had 
previously  offered,  he  should  be  able  to  solve  the  whole 
mystery  of  Morgan's  murder.  lie  wrote  to  Gov.  Throop 
for  advice  and  authority  to  so  use  the  money.  The  au- 
thority was  refused.  Mr.  Spencer's  report  to  the  legisla- 
ture bore  very  hard  upon  the  western  masons.  It  was  of 
a  tone  calculated  to  aid  the  anti-masons  politically.  There 
was  considerable  prospect  that  the  whole  conspiracy  would 
finally  be  developed.  This  would  strengthen  the  anti- 
masons.  The  legislature,  so  far  from  giving  any  hearty 
approval  of  Mr.  Spencer's  very  efficient  proceedings,  cut 
down  his  salary  to  one  thousand  dollars.  Mr.  Spencer 
and  the  whole  body  of  the  anti-niasons  deemed  this  a 
studied  and  intentional  insult.  Mr.  Spencer  resigned,  and 
in  his  letter  of  resignation  complained  that  he  had  re- 
ceived no  effective  aid  or  assistance  from  the  executive, 
and  that  even  his  confidential  communications  to  the  gov- 
ernor in  relation  to  the  conspiracy  had  been  disclosed  to 
the  counsel  for  the  conspirators.  From  all  this,  the  anti- 
masons  felt  themselves  authorized  to  charge,  and  did 
charge  the  dominant  party  with  the  protection  of  mason- 
ry, and  the  conspirators  in  the  Morgan  outrage.  From 
this  time  the  anti-masonic  party  stood  in  decided  hostility 
to  the  Jackson  party,  and  «ow  openly  avowed  what  they 
had  before  in  fact,  been  acting  upon,  opposition  to  the 
dominant  party. 


396  POLITICAL    HISTORY  [1830. 

All  these  movements  pi-cpared  the  anti-masonic  party 
to  look  solely  to  the  extension  of  their  own  peculiar  prin- 
ciples, and  to  the  aid  of  the  national  repubhcans  for  suc- 
cess. A  convention  was  held  at  Utica  in  August,  1830. 
Here,  for  the  first  time,  in  an  anti-masonic  convention, 
were  opinions  avowed  upon  important  political  measures. 
These  opinions,  now  avowed,  were  in  general  accordance 
with  those  opposed  to  the  dominant  party  ;  and  were, 
doubtless  made  public  with  a  view  to  obtain  the  support 
of  those  who,  though  disagreeing  with  *heni  upon  the  sub- 
ject of  free  masonry,  still  otherwise  held  to  the  same  com- 
mon political  principles.  The  anti-masons  very  soon  for- 
got their  brief  indignation  against  Mr.  Granger  for  declin- 
ing their  first  nomination.  He  had  subsequently  acted 
with  them,  and  manifested  so  much  constancy  and  ability, 
that  he  was  entirely  restored  to  their  affections  and  confi- 
dence. Mr.  Granger  was  nominated  as  candidate  for  go- 
vernor, and  Samuel  Stevens  of  New-York,  as  candidate 
for  lieutenant  governor.  Gov.  Throop  was  the  opposing 
candidate.  The  national  republicans  generally  concurred 
ill  the  nomination  of  ?>Iessrs.  Granger  and  Stevens  ;  and 
the  prospect  seemed  fair  for  their  election.  Gov.  Throop 
was  far  from  being  the  strongest  man  in  his  own  party, 
and  was  certainly  not  strong  at  the  west.  Mr.  Granger 
commanded  the  enthusiastic  support  of  the  anti-masons, 
and  the  cordial  aid  of  the  national  republicans.  He  was 
not  considered  personally  prescriptive,  whatever  might  be 
thought  of  the  principles  of  anti-masonry  generally  ;  and 
he  was,  on  the  whole,  the  strongest  man  on  that  side  that 
could  be  selected.  If  the  national  republicans,  who  ad- 
hered to  free  masonry  in  the  eastern  and  central  counties, 
had  merged  their  strong  and  unmitigated  hatred  to  anti- 
masonry,  in  their  attachment  to  their  professed  political 
princij)les,  which  these  hated  anti-masons  supported,  and 
like  a  majority  of  their  own  party,  cast  their  votes  for  the 


1831.]  OF    NEW- YORK.  397 

candidates  nominated  by  the  anl«-masons,  the  whole  poH- 
tical  complexion  of  the  state  would  j)robably  have  been 
changed  at  this  election.  But  persons  of  this  class  felt 
persecuted  and  oppressed  by  political  anti-masonry,  and 
voted  against  its  candidates ;  not  because  they  liked  Jack- 
sonism  better,  but  because  they  hated  anti-nfiasonry  more. 
The  election  came  and  was  warndy  contested.  Mr. 
Throop  received  one  hundred  twenty-eight  thousand  eight 
hundred  and  forty-two  votes,  and  Mr.  Granger  one  hun- 
dred and  twenty  thousand  three  hundred  and  sixty-one, 
Mr.  Throop's  majority  being  a  little  more  than  eight  thou- 
sand. This  election  had  the  effect  to  throw  permanently 
into  the  Jackson  party,  numbers  who,  if  anti-masonry 
had  not  been  a  question,  would  have  been  national  repub- 
licans. 

The  anti-masons,  though  feeling  a  groat  degree  of  con- 
fidence of  success  at  this  election,  and  though  very  much 
diappointed  in  the  result,  were  not  disheartened  or  dis- 
couraged. They  continued  their  political  efforts.  But  as 
further  prosecution  for  any  crime  short  of  murder,  con- 
nected with  the  Morgan  abduction,  had  been  barred  by  the 
statute  of  limitation,  and  as  free  masonry  had  wholly  been 
given  up  in  the  western  counties  and  indeed  almost  entire- 
ly throughout  the  state,  there  was  less  said  in  the  political 
meetings  and  addresses  about  Morgan  and  masonry,  and 
more  about  general  politics.  In  the  election  of  1831,  the 
anti-masons  elected  nearly  thirty  members  of  assembly, 
and  the  national  republicans  six.  The  connection  be- 
tween these  two  parties  was  gradually  growing  closer  and 
would  probably  by  this  time  have  been  nearly  complete, 
but  for  the  reason  that  they,  had  brought  into  the  field 
separate  nominations  of  candidates  for  the  presidency  ; 
the  anti-masons  having  nominated  William  Wirt  as  their 
candidate,  and  the  national  republicans  soon  after  having 
nominated  Mr.  Clay.     The  period  of  the  election  of  pre- 


398  POLITICAL    HISTORY  [1832. 

sident  again  recurred  in  the  year  1832,  and  the  mode  of 
choosing  electors  of  president  and  vice  president  had, 
since  the  last  election  of  these  officers,  been  by  legislative 
act  very  properly  changed  from  a  district  to  a  general 
ticket,  so  that  the  entire  vote  of  the  state  would  have  its 
weight  whichever  wav  it  miirht  be  cast.  Thou^^h  the 
anti-masons  and  national  republicans  had  separate  candi- 
dates for  president,  it  was  very  generally  supposed  and 
understood  that  a  state  and  electoral  ticket  would  be  so 
framed  that  it  might  receive  the  united  vote  of  both  par- 
ties. This  subject  was  unquestionably  duly  considered  by 
the  leaders  of  both  these  political  parties  before  the  meet- 
ing of  the  convention  of  either  of  them,  and  probably 
some  general  principle  of  union  was  honorably  under- 
stood. The  anti-masonic  convention  met  on  the  21st 
June,  1832,  and  again  nominated  Francis  Granger  and 
Samuel  Stevens  for  governor  and  lieutenant  governor,  and 
also  nominated  an  entire  electoral  ticket.  How  the 
gentlemen  so  nominated  as  candidates  for  electors  of  pre- 
sident and  vice  president  were  divided  as  between  Mr. 
Wirt  and  Mr.  Clay,  perhaps  no  one  ever  precisely  knew, 
as  they  never  had  an  opportunity  of  determining  the  ques- 
tion by  voting  for  president.  A  large  portion  of  them 
were  gentlemen  not  ultra  in  their  personal  preference  nor 
blindly  wedded  to  individuals,  but  were  all  opposed  to 
Gen.  Jackson  ;  and  it  is  probable  if  the  ticket  had  been 
successful  they  would  have  been  governed  in  their  votes 
by  the  result  of  the  elections  in  other  states.  This  ticket 
was  satisfactory  to  the  national  republicans,  who  at  a  con- 
vention held  on  the  2.5th  of  July  adopted  it  entire.  This 
perhaps  may  be  considered  a  political  union  of  the  anti- 
masons  and  national  republicans  of  this  state.  A  union 
the  more  firmly  cemented  by  a  common  defeat.  At  the 
election  which  ensued,  William  L.  Marcv,  the  ffubernato- 
rial  candidate  of  the  Jackson  oarty,  received  one  hundred 


1832-40.] 


OP    NEW-YORK. 


399 


and  sixty-six  thousand  four  hundred  and  ten  votes,  and 
Mr.  Granger  received  one  hundred  and  fifty-six  thousand 
six  hundred  and  seventy-two,  leaving  Mr.  Marcy  a  majori- 
ty of  nearly  ten  thousand  votes.  Ilere  probably  should 
properly  terminate  the  history  of  political  anti-masonry, 
as  after  this  election  the  distinctive  name  of  the  party  was 
to  a  great  degree  merged  in  the  union  thus  effected  ; 
which  united  party  became  soon  to  be  designated  as  the 
whig  party.  In  1834,  the  gubernatorial  candidates  of  the 
respective  parties  were  William  L.  Marcy  of  the  Jackson 
party,  who  received  one  hundred  and  eighty-one  thousand 
nine  hundred  and  five,  and  William  H.  Seward  of  the 
whig  party  who  received  one  hundred  and  sixty-eight 
thousand  nine  hundred  and  sixty-nine,  giving  Mr.  Marcy 
a  majority  of  near  thirteen  thousand  votes.  In  1836, 
William  L.  Marcy,  again  a  candidate,  received  one  hundred 
and  sixty-six  thousand  one  hundred  and  twenty-two  votes, 
and  Jesse  Cuel,  the  whig  candidate,  one  hundred  and 
thirty-six  thousand  six  hundred  and  forty-eight.  In  1837, 
there  was  a  complete  overthrow  of  the  Jackson  parly  in 
the  legislative  elections,  entirely  unexpected  by  both  par- 
ties. In  1838,  they  measured  strength  at  a  governor's 
election,  and  William  H.  Seward,  the  whig  candidate,  re- 
ceived one  hundred  and  ninety-two  thousand  eight  hundred 
and  eighty-two  votes,  and  William  L.  Marcy,  again  the 
Jackson  candidate,  received  one  hundred  and  eighty-two 
thousand  four  hundred  and  sixty-one,  leaving  Mr.  Seward 
more  than  ten  thousand  majority.  In  1840,  Mr.  Seward 
was  again  elected  governor  by  a  majority  of  about  six 
thousand  over  William  C.  Bouck,  the  Van  Buren  candi- 
date. Though  these  latter  events  do  not  naturally  per- 
haps fall  within  the  scope  of  the  history  of  political  anti- 
masonry,  yet  the  whig  ascendnncy  in  this  state  is  mainly 
indebted  for  its  permanence,  if  not  for  its  first  suce(;ss,  to 
the  steady  opposition  of  the  anti-masonio  counties,  and  to 


400  POLITICAL    HISTORY  [1840. 

the  uniformly  heavy  majorities  which  those  counties  have 
constantly  given  at  every  contested  election. 

A  summary  in  brief,  of  the  origin,  progress  and  influ- 

:    ence  of  the  anti-masonic  party,  as  a  political  party,  may 

I    perhaps  properly  close  this  article. 

fits  origin  was  in  the  violent  abduction  and  murder  of 
William  Morgan,  committed  by  infatuated  masons,  as  the 
required  masonic  punishment  fur  the  revelation  of  n)asonic 
secrets.  It  commenced  in  the  honest  and  praiseworthy 
desire  to  investigate  a  criminal  transaction  of  great  turpi- 
tude, ferret  out  the  oliendcrs  and  bring  them  to  justice,  and 

j  with  no  motive  or  purpose  of  political  action.  The  pro- 
gress of  the  investigation,  arrayed  those  pursuing  it,  against 
the  masonic  institution,  which  they  thought  had  perpetrat- 
ed the  offence,  screened  the  offenders,  and  owned  obliga- 
tions, and  owed  duties,  inconsistent  with  the  just  duties  of 
the  citizen,  and  dangerous  to  society.  This  institution 
and  its  members,  w-ere  pursued  politically,  because  there 
was  no  other  mode,  short  of  violence,  by  which  it  could 
be  successfully  combatted.  ,.'The  change  from  hunting  out 
criminal  offenders,  to  hunting  down  the  institution,  was 
gradual  but  rapid  in  the  public  mindJand  was  experienced 
by  those  who  were  upon  the  spot  and  knew  all  the  cir- 
cumstances of  the  case  ;  and  those  who  felt  thus  changed, 
and  resorted  to  this  action,  were  a  majority  of  an  intelli- 
gent, reflecting,  clear  headed  and  virtuous  community.  It 
is  inconceivable  that  such  men  could  have  entered  upon 
and  persevered  in  a  course  unnecessarily  violent,  or  from 
any  dishonest,  unpatriotic,  or  selfish  purposes.  Masses  of 
intelligent  men  may  be  excited,  but  they  will  seldom  per- 
sist in  a  dishonest  course  or  commit  continued  acts  of  un- 
just oppression.  The  community  were  aroused  by  the 
information  of  an  unprecedented  and  high-handed  crime. 
Their  feelings  were  gradually  raised  to  a  higher  and  higher 
pitch,  by  disclosures  or  obstacles  with  which  every  step  of 


1810.]  OF  \F,\v-von?v.  '  401 

tlio  investigation  was  attended.  The  feeling  was  an  hon- 
est one,  and  all  people,  as  well  as  committees,  were  aflectcd 
by  it  and  earried  along  with  it.  No  mere  politician  could 
have  had  sagacity  enough  to  have  foreseen  that,  taking 
advantage  of  this  feeling  and  giving  it  a  direction,  could 
have  added  to  his  political  importance,  as  no  one  could 
liien  have  foreseen  that  it  would  lead  to  any  political  re- 
sults. All  were  afTected,  honestly  affected,  by  the  feeliiiLS 
and  went  along  with  it.  There  were  few  politicians  u]»on 
the  early  committees.  Theodore  F.  Talbot,  Timothy 
Fitch,  Sherman  Ilolden,  Samuel  Works,  Josiah  Bissell, 
jr.,  Henry  Ely,  Frederick  F.  Backus,  Bates  Cooke,  John 
H.  Phillips,  Thurlow  Weed,  Frederick  Wiiittlesey,  and 
numerous  others  were  upon  the  early  committees,  and 
were  effective  in  investigating  the  outrage  long  before  the 
question  became  political.  Fcw^  of  them  were  politicians, 
and  they  ^ere  of  different  political  creeds.  It  is  hardiv 
credible  that  these  gentlemen  should  have  had  sagacity 
enough  to  have  taken  hold  of  it  for  the  purpose  of  givinrr 
it  a  political  direction,  though  some  of  them  have  been 
very  effective  in  pushing  it  politically  since.  David  C. 
Miller  held  a  prominent  place  in  this  affair  at  the  first. 
He  was  the  publisher  of  Morgan's  book — a  mason  ;  his 
character  did  not  stand  high,  before  or  after.  He,  doubt- 
less, contributed  to  the  excitement,  both  for  protection  and 
profit.  The  same  may,  perhaps,  be  said  of  Solomon  South- 
wick  and  some  others.  'After  anti-masonry  began  to  shew 
evidence  of  political  power,  and  the  principles  of  the 
action  became  more  generally  known,  others  joined  its 
ranks ;  some,  doubtless,  from  the  hope  of  political  prefer- 
ment, but  most,  it  must,  be  believed,  from  honest  convic- 
tions of  its  propriety.  Thomas  C.  Love,  Millard  Fill- 
more, and  Albert  H.  Tracy  of  Buff^alo  ;  Trumbull  Cary, 
Harvey  Putnam,  Seth  W.  Gates,  Henry   Hawkins,   and 

others  from  Genesee  ;  Abner  Hazletine,  and   George  A 

Z 


402  POLITICAL     HISTORY  [1840. 

French  of  Chautauque  ;  George  H.  Boughton,  and  Judge 
Deveaux  of  Niagara  ;  James  Wadsworth,  Philo  C.  Fuller, 
George  W.  Patterson,  and  John  Young  of  Livingston  ; 
Francis  Granger,  Henry  W.  Taylor,  and  Samuel  M.  Hop- 
kins of  Ontario;  Myron  Holley  of  Wayne;  Robert  S.  Rose 
of  Seneca;  William  H.Seward  of  Cayuga;  Thoinas  Beek- 
man  of  ^Madison  ;  Henry  C.  Martindale  of  Washington  ; 
William  H.  Maynard,  of  Oneida,  and  hundreds  of  others, 
wiio  have  filled  prominent  and  responsible  stations  in  the 
political  world,  to  say  nothing  of  John  Birdsall,  the  cir- 
cuit judge  of  the  eighth  circuit,  and  John  C.  Spencer,  spe- 
cial counsel,  and  both  Jackson  men,  could  hardly  have 
joined  the  anti-masonic  party  from  mere  personal  or  self- 
ish considerations.  They  were  affected  by  the  same  fecl- 
in2:s  with  the  people  among  whom  they  lived,  and  v.ith 
whom  they  daily  associated.  The  inexpressible  energy 
and  indomitable  spirit  with  which  the  cause  wag»prosccut- 
ed  ;  the  enthusiasm  of  feeling,  and  the  perseverance  in  ef- 
fort which  was  exhibited  ;  the  steady  constancy  and  unfal- 
tering exertion  manifested  in  its  progress  ;  never  tiring, 
never  flagging,  never  f\\ltering,  arc  ainong  the  evidences 
that  those  who  could  keep  up  so  much  heart,  and  perse- 
vere with  so  much  effort,  were  as  honest  as  they  showed 
t|)cmsclvcs  determined  in  their  purposes. 

The  influence  of  anti-masonry  upon  other  political  par- 
ties has  been  marked,  and  will  not  soon  be  eflaced.  In 
the  western  counties  it  early  drew  to  itself  a  majority  of 
the  old  Clintonian  party,  and  a  large  detachment  from  the 
Tammany  party.  It  drov.c  to  the  Jackson  parfy  those 
adherents  of  free  masonry  who  thought  themselves  pro- 
scribed and  oppressed  by  anti-masonry,  and  some  of  the 
leaders  of  the  Clintonian  party  who  thought  anti-masonry 
was  either  prescriptive  or  would  be  ephemeral.  It  very 
much  changed  the  material  of  the  Jackson  party  from 
what  it  otherwise  would  have  been.     The  Jackson  party 


1840.]  OF    NEW-YORK.  103 

had  felt  this  in  the  secession  of  many  of  those  men  who 
were  drawn  into  its  ranks  in  1830,  by  the  prescriptive 
character  of  anti-masonry,  while  the  western  anti-masonic 
counties  have  remained  as  true  and  steady  to  their  recent 
alliance,  as  they  were  staunch  and  energetic  on  their  old 
battle  field.  Twelve  years  of  repeated  experiments  upon 
these  western  counties,  only  serve  to  show  tl\at  they  came 
out  stronger  at  every  trial — were  powerful  against  every 
opposition.  This  tenacity  of  purpose  which  has  marked 
the  anti-masonic  counties,  seems  to  indicate  a  reliable 
steadiness  which  it  is  almost  hopeless  for  their  opponents 
to  attempt  to  change,  and  which  those  counties  have  un- 
doubtedly acquired  from  the  stern  and  vindictive  contests 
w^hich  were  thus  waged  in  the  earlier  days  of  anti-mason- 
ry. It  is  the  spirit  of  anti-masonry  which  there  still  ex- 
ists which  causes  this  steadiness,  and  which  will  probably 
not  abate  unt|l  at  least  the  present  generation  shall  have 
passed  away.  )  It  has  been  of  material  service  in  advanc- 
ing the  present  whig  administration  into  power,  and  sus- 
taining them  therein.  Whether  it  will  continue  to  fmnish 
such  aid  with  the  same  success,  it  remains  for  the  future 
political  historian  to  record. 


404  POLITICAL    HISTORY  [1832. 


CHAPTER  XXXIX. 

FROM  JANUARY  1,  193>2,  TO  JANUARY  1,  1333. 

Very  little  improvement  was  made  in  either  of  the  le- 
gislative houses  by  the  new  members  chosen  at  the  late 
election.  From  the  eighth  district,  the  anti-masons  had 
chosen  Judge  Birdsall,  a  man  of  talents,  but  unfortunately, 
constitutionally  nervous,  and  occassionally  subject  to  dys- 
peptic aftections,  which  depressed  his  mental  energies  and 
rendered  him  indisposed  to  take  that  active  part  in  the 
business  of  legislation  and  in  political  operations,  for 
which,  had  he  been  in  mind  and  body  in  sound  health,  he 
was  eminently  qualified. 

Mr.  John  W.  Edmonds  was  an  exceedingly  active  par- 
tizan,  and  possessed  of  considerable  talent.  His  taste, 
however,  seemed  to  lead  him  to  devote  his  attention  more 
to  political  management,  than  to  the  important  and  serious 
part  of  legislation. 

Mr.  Robert  Lansing,  a  senator  from  Jefferson  county, 
was  inexperienced  in  public  life,  but  a  young  man  of  fair 
mind,  and  endowed  with  talents  sufficient  to  render  him 
an  useful  member  of  the  legislature.  His  diffidence  and 
modesty  prevented  his  taking  a  very  active  part  in  the 
senate. 

In  the  assembly,  the  anti-masons  again  returned  INIr. 
Granger  and  Mr.  Nicholas.  The  party  however  suffered 
a  loss  by  Mr.  Fillmore  not  being  returned.  He  was,  I  be- 
lieve, a  member  of  congress.  That  loss  was,  neverthe- 
less, nearly,  if  not  quite,  made  good  by  the  election  of  a 
plain  farmer  from  the  county  of  Livingston.  1  allude  to 
George  W.  Patterson,  whose  strong,  vigorous  powers  of 
mind  were  not  immediately  developed,   but  who  in  the 


1832.]  OF    NEW-YORK.  405 

course  of  the  session  began  to  afford  evidence  of  intel- 
lectual energies  of  no  ordinary  character  or  grade. 

The  national  republicans  of  the  county  of  Queens  this 
year  returned  Mr.  John  A.  King,  of  whom  I  have  before 
spoken.  The  same  party  also  elected  Jedediah  Miller,  a 
respectable  and  very  popular  lawyer  from  the  county  of 
Schoharie,  and  Hiram  Bennett,  formerly  a  regency  mem- 
ber from  the  county  of  Sullivan. 

The  Jackson  party  added  very  little  to  the  talents  of 
their  party  in  the  assembly  this  year,  except  from  the  city 
of  New-York,  whose  representation  was,  I  think,  some- 
what improved  by  the  election  of  Judah  Hammond  and 
Myndert  Van  Schaick,  both  of  them  lawyers  and  estima- 
ble as  citizens. 

Mr.  Isaac  R.  Van  Duzer,  an  active  young  man  of  prom- 
ising talents,  was  elected  on  the  Jackson  ticket  from  the 
county  of  Orange,  and  though  he  afterwards  became  some- 
what erratic  in  his  political  course,  soon  gave  evidence  of 
considerable  talents  as  a  legislator. 

Mr.  Charles  L.  Livingston  was  again  elected  speaker 
without  serious  opposition. 

Two  or  three  of  the  first  pages  of  the  governor's  mes- 
sage, as  printed  in  the  Senate  Journal,  are  occupied  by  him 
in  laying  down  general  maxims  in  relation  to  good  gov- 
ernments, and  in  comparing  the  American  with  European 
governments.  The  same  obscurity  and  awkwardness  as  a 
writer  are  manifested  by  the  governor  on  this  occasion,  as 
were  exhibited  by  him  in  his  inaugural  address,  I  will 
not  take  up  the  time  of  the  reader  by  presenting  him  with 
quotations  to  prove  the  correctness  of  this  remark.  It  is 
nevertheless  remarkable  that  in  what  may  properly  be 
called  the  business  part  of  his  message,  and  where  the  go- 
vernor exhibits  to  the  legislature  the  financial  condition  of 
the  state,  his  views  are  presented  clearly,  without  tautology, 


400  POLITICAL    HISTORY.  [1832. 

and  with  neatness,  and  in  some  places,  with  elegance.-^ 
Tlie  topics  embraced  by  the  message  were  of  the  ordinary 
character.  He  recommended  a  state  tax  to  supply  the 
deficiency  in  the  general  fund,  and  he  says,  "  a  hope  is 
held  out  to  us  that  the  public  lands  or  the  proceeds  of  the 
sale  of  them  may  be  distributed  among  the  states."  His 
remarks  in  relation  to  common  schools  and  agriculture, 
and  his  suggestions  of  necessary  improvements  in  our 
penitentiary  systenci  and  criminal  code,  are  judicious  and 
in  all  respects  prais'vorthy. 

Although  the  charter  of  the  bank  of  the  United  States 
did  not  expire  until  the  year  1836,  it  applied  at  the  ses- 
sion of  congress  in  the  winter  of  1832  for  a  renev/al. 
Whether  the  opponents  of  the  re-election  of  General 
Jackson  had  encouraged  this  course,  under  an  impres- 
sion that,  considering  the  attitude  he  had  assumed  in  re- 
lation to  the  question  of  re-chartering  the  bank,  the  agi- 
tation of  the  question  of  its  re-charter  might  embarrass 
him  and  aid  them  ;  or  whether  the  friends  of  the  bank  be- 
ing, as  they  were,  certain  of  a  majority  in  both  houses  in 
their  favor,  entertained  the  belief  that,  if  the  bill  for  re- 
newing the  charter  should  pass  both  houses,  the  president 
would  not  venture  to  veto  it  ;  or  if  he  did,  that  that  act, 
together  with  the  influence  the  bank  could  bring  to  bear 
against  him,  would  be  sufficient  to  defeat  his  election  ;  or 
rather,  whether  all  these  considerations  combined,  did  not 
induce  this  early  application,  are  questions  which  I  shall 
not  attempt  to  decide.  The  fact  that  such  application  had 
been  made,  furnished  an  excuse  for  an  expression  of  opi- 
nion by  the  New-York  legislature  ;  and,  indeed,  it  must 
be  admitted,  that  the  occasion  afforded  a  much  better  rea- 
son for  the  legislative  action  of  this  state,  than  existed 


*  Some  of  the  opponents  of  Gov.  Throop  affected  to  believe  that  this  part  of  the  mes- 
sage was  written  by  Cooiptrollcr  Wright 


=J 


1832. J  OF    NKW-VORK.  407 

when  Mr.  Morehouse  ollered  his  resolution  in  tlie  session 
of  1831. 

Pretty  early  in  the  session,  Mr.  Diclz,  an  honest  and 
unpretending  member  of  the  senate,  from  the  county  of 
Schoharie,  was  chosen  by  the  Jackson  leaders  to  introduce 
a  joint  resolution  into  that  house,  against  the  renewal  of 
the  chartcV  of  the  bank  of  the  United  States,  and  instruct- 
in;^-  the  senators,  and  requesting  the  members  in  the  house 
of  representatives  of  the  congress  of  the  United  States,  to 
resist  such  renewal.  The  resolution  was  very  fully  and 
ably  discussed.  It  was  supported  by  Messrs.  Beardsley. 
Tallmadge  and  Edmonds,  and  opposed  by  Messrs.  Allen, 
Bronson.  Maynard  and  Seward  ;  but  on  the  10th  of  Feb- 
ruary it  passed  by  a  vote  of  tv/enty  against  ten. 

Messrs.  Allen  of  New-York,  Bronson  of  Oswego,  and 
Rexford  of  Delaware,  were  the  only  members  of  the  sen- 
ate belonging  to  the  Jackson  party  who  voted  against  it. 
Mr.  Tracy  does  not  appear  to  have  voted  on  the  question. 
All  the  other  anti-masons  were  in  their  seats,  and  voted 
against  it. 

When  t'le  resolution  reached  the  assembly,  it  there  en- 
countered a  very  vigorous  opposition,  but  finally  passed 
by  the  strong  vote  of  seventy-five  to  thirty-seven.  It  is 
v.'orthy  of  remark,  that  Mr.  Speaker  Livingston,  Mr.  Ham- 
mond, Mr.  Morgan,  Mr.  Van  Schaick  and  Mr.  Stillwell, 
f'lur  of  tiie  most  distinguished  members  from  the  city  of 
New- York,  voted  against  the  resolution. 

1  have  mentioned  that  Mr.  Van  Buren  was  appointed 
by  Gen.  Jackson  minister  to  England.  He  had  sailed  for 
London  the  summer  preceding  this  session,  and  was  now 
0!;r  acr.reditcd  representative  at  the  court  of  St.  James. 
But  the  United  States  senate  had  not  yet  passed  upon  his 
nomination  by  the  president.  The  president,  early  in  the 
pcssion,  sent  in  his  nomination  to  the  senate,  but  action 
upon  it  was  by  that  body  long  delayed,  and  finally  it  was 


408  poLiTiCAi,  HieroRV  [1332 

rejected.     This  rejection  was  produced  in  the  following 
manner  : 

Notwithstanding  the  great  personal   popularity  of  Gen. 
Jackson,  by  the  extraordinary  tact  and  address  of  Mr. 
Clay,  then  a  member  of  the  senate,  a  majority  of  that 
body  was  formed  and  organized  against  him  ;  and  as  xVIr. 
Van   Burcn   was   known  lo   be   the   peculiar  favorite  of 
Gen.  Jackson,  and  already  destined  by  him  to  be  his  suc- 
cessor, this  measure  was  selected  by  the  opposition  as  the 
most  effectual  manner  of  checking  the  power  and  mortify- 
ing  the    pride   of    the    general,  and    of   convincing    the 
American  people  that  the  senate  could  and  would  control 
the  disposition  of  the  national  patronage.     Mr.  ^  an  Buren, 
while  secretary  of  state,  had  instructed  Mr.  McLean,  his 
predecessor  in  the  mission  to  England,    that  in   order  to 
conciliate  the  British  ministry,  and  induce  ihern  to  lend  a 
more  favorable  ear  to  certain  claims  which  Mr.  McLean 
was  directed  to  urge,  that  the  administration  of  Gen.  Jack- 
son was  more  favorably  inclined  towards   the  then  ruling 
partv  in  England,  than  that  of  Mr.  Adams.     This  was  the 
ostensible  cause  on   which   the  appointment  of  Mr.  Van 
Buren  was  resisted.     Perhaps  it  was  wn-ong  to  iiave  in- 
structed an  American  minister  in  his  diplomatic  communi- 
cations to  allude  at  all  to   the   views   and   feelings  of  any 
party  in  this  country  ;    but  be  that  as  it  may,  Gen.   Jack- 
son officially  assured  the  senate   that   that    part  of  the  in- 
structions to  Mr.  McLean  was  inserted  by  his  express  di- 
rection.    This  assurance  however  only  tended  to  confirm 
the  majority  in  their  opiposition  to  the  nomination, 

Considermg  the  materials  of  which  the  senate  was  com- 
posed, and  the  large  majority  which  in  the  nation  then  ex- 
isted against  the  national  republican  party  and  Mr.  Clay, 
who  was  its  acknowledged  leader,  it  may  seem  singular 
how  a  majority  of  the  senate  could  have  been  organized 
which   would   act   with  Mr.  Clay.     The  following  was 


1832.]  OF    NEAV-YORK.  409 

substantially  tiie  situation  in  which  the  leading  members 
of  the  senate,  opposed  to  Gen.  Jackson,  v/ere  placed. 
So  far  as  related  to  measures  and  principles,  properly  so 
speaking,  there  were  then  in  existence  two  parlies.  The 
one  believed  that  a  full  and  ample  protection  ought  to  be 
afforded  by  the  national  government  to  the  manufactures 
and  industry  of  the  country,  and  that  a  liberal  construc- 
tion ought  to  be  given  to  the  powers  conferred  by  the 
constitution  upon  the  national  legislature.  The  other 
party  warmly  opposed  all  protecting  duties  as  directly  for- 
bidden by  the  federal  compact.  They  held  to  a  strict 
construction  of  the  constitution,  and  they  contended  that 
when  the  general  government  in  its  legislation  palpably 
exceeded  its  powers,  every  single  state  had  a  right  by  law 
to  nullify  its  acts  ;  and  that  whether  the  sreneral  frovern- 
ment  did  or  did  not  exceed  its  powers  it  belonged  to  the 
individual  state,  and  not  to  the  supreme  judiciary  of  the 
union,  to  decide.  The  first  class  was  composed  principal- 
ly of  the  citizens  of  the  grain  growing,  and  the  latter  of 
the  planting  and  slave  holding  states.  At  the  head  of 
the  first  class  stood  Mr.  Clay  ;  of  the  last,  Mr.  Calhoun. 
Both  were  men  eminent  for  their  talents  and  public  servi- 
ces, and  both  were  rival  candidates  for  the  first  office  in 
the  nation.  Gen.  Jackson  and  Mr.  Van  Buren  seemed  to 
be  situated  between  these  two  extremes.  Gen.  .Tackson 
had,  before  his  election,  in  answer  to  an  inquiry  made  of 
him  by  some  of  his  western  friends,  declared  himself  to 
be  in  favor  of  a  ^^  judicious  "  tariff,  but  wliat  in  his  judg- 
inent  a  judicious  tariff  was,  he  had  not  specifically  ex- 
plained. Mr.  Calhoun  might  suppose  it  to  be  the  high 
tariff  of  1828,  and  Mr.  Clay  might  imagine  it  was  the  low 
tariff  of  1816.  Mr.  Calhoun  did  not  know  how  soon  the 
president  might  join  in  the  measure  of  Mr.  Clay,  and  the 
latter  was  utterly  uncertain  whether  Mr.  Calhoun  and  his 
southern  friends  might  not,  in  a  short  time,   be  united 


410  POLITICAL    HISTORY.  [1832. 

with  Gen.  Jackson.  Both  were  very  well  assured  that 
.Tuckson  was  too  strong  for  either  of  them  single  handed, 
and  they  had  good  reason  to  fear  what  afterwards  proved 
to  be  the  fact,  that  his  popularity  was  too  great  to  be 
successfully  resisted,  even  if  the  force  of  both  were 
united. 

In  this  situation  of  affairs  Mr.  Clay  proposed  the  fa- 
tp.')us  compromise  act,  which  was  accepted  by  Mr.  Callioun 
;i!i'l  hi^  'ricH'ls,  and  although  tiiis  compromise  was  not 
consumniated  until  some  time  after  IVIr.  Van  Buren's 
nominal  ion  was  rejected,  there  is  reason  to  suspect  it  whs 
ihtn  projected.  By  this  compromise,  the  national  repub- 
lloans,  at  the  end  of  ten  years,  were,  in  eflfecv,  to  abandon 
tilt.'  American  system,  wliile  the  nullifiers,  on  their  part, 
consented  that  that  abandonment  should  be  exceedingly 
gra(hial,and  its  corisummation  long  delayed.  In  this  way. 
wiiat,as  I  have  before  remarked,  is  not  uncommon  in  poli- 
tics, as  well  as  in  other  human  affairs,  the  extremes  united. 
The  result  was  the  rejection  of  the  nomination  of  Mr. 
Van  Buren. 

While  on  the  subject  of  this  famous  compromise,  I  may 
as  well  remark,  that  it  received  the  approbation  of  all 
jiartics  in  the  state  of  New-York;  not  because  they  were 
desirous  of  giving  up  the  protective  system,  but  because 
they  were  anxious  to  preserve  the  union,  which  they  be- 
lieved wouhl  inevitably  be  severed,  if  the  tariff  was  not 
abiuidoned.  A  great  meeting  of  distinguisbe(^  iiulividuals, 
without  distlncliun  of  parties,  was  held  in  the  city  of  New- 
York,  of  which  the  late  Chancellor  Kent  was  president, 
and  Stephen  Allen  and  Gideon  Lee,  vice  presidents,  which 
adopted  resolutions  in  favor  of  a  compromise,  anil  on  which 
occasion  Peter  A.  Jay  delivtred  a  most  eloquent  and  im- 
pressive speech,  demonstrating  that  the  son  of  the  *'  ohi 
patriot,"  John  Jay,  inherited  a  portion  of  the  same  attach- 
(uenl    to    the  union,    and  invlej)endence  of  Ameiica,  for 


1832.]  OF    KEW-YORK.  411 

which  that  sage  of  the  revolution  was  so  eminetly  distin- 
guished, 

W  hen  it  was  known  that  the  senate  had  non-concurred 
in  the  appointment  of  Mr.  Van  Buren,  his  friends  in  the 
New-York  legislature  and  the  citizens  of  Albany,  held  a 
meeting  for  the  purpose  of  making  public  their  indigna- 
tion at  this  act,  which  they  considered  and  denominated 
an  unprecedented  outrage.  Mr.  N.  P.  Tallmadgc,  on  that 
occasion,  distinguished  himself  by  delivering  an  eloquent 
speech,  dcnouncinjr  the  measure  with  great  severity.  Simi- 
lar meeting  were  held  in  various  other  cities  and  villages 
in  the- state  and  nation.  From  the  indignant  expression 
which  generally  accompanied  the  speeches  delivered  and 
resolutions  adopted  at  these  meetings,  the  opposition  gave 
the  name  of  "  indignation  meetings'''  to  these  assemblies. 

To  me  it  is  not  improbable  that  the  course  taken  by  the 
senate  on  this  occasion  was  ultimately  beneficial  to  Mr. 
Van  Buren,  as  there  can  be  little  doubt  but  that  this  act, 
which  presented  him  to  the  American  people  as  the  victim 
of  persecution,  was  one  of  the  principal  causes  of  his 
nomination  by  the  Baltimore  convention,  for  the  office  of 
vice  president. 

While  on  the  subject  of  national  affairs,  I  will  take  this 
occasion  to  state,  that  Gen.  Root,  who  w^as  now  a  member 
of  congress,  made  a  speech  during  the  winter  session, 
which  afforded  decisive  evidence  that  he  was  determined 
to  oppose  the  Jackson  party  in  the  state  and  nation. 

An  interesting  discussion  took  place  in  the  New- York 
senate  in  relation  to  the  financial  concerns  of  the  state. 
Mr.  Bronson,  in  accordance  with  the  views  of  the  gover- 
nor and  comptroller,  on  the  28th  day  of  February,  brought 
in  a  bill  enacting  that  a  tax  of  one  mill  on  the  dollar  of 
the  valuation  of  real  and  personal  property  within  the 
state,  should  be  levied  annually  for  three  years.  This  bill 
presented  for  the  discussion  of  the  senate  the  great  ques- 


412  rot.rncAr.  iiiistokv  [1832. 

tion,  whether  the  general  fund  should  be  preserved,  and 
its  Income  only  expended;  or  whether  its  capital  should 
he  used  to  defray  the  ordinary  expenses  of  the  state  go- 
vernment in  anticipation,  that  by  the  time  it  should  be 
exhausted,  the  state  could  then  avail  itself  of  the  surplus 
revenue  arising  from  the  canals  to  meet  its  necessary  ex- 
penses; it  being  assumed  that,  before  the  general  fund 
would  be  exhausted,  the  canal  debt  would  be  paid  off  and 
cancelled.  It  is  a  singular  fact,  that  all  those  members, 
except  Mr.  Tracy,  who  were  in  favor  of  constructing  the 
Chenango  canal,  and  engaging  in  other  works  of  internal 
improvements,  which  would  add  greatly  to  the  canal  debt, 
opposed  any  state  tax,  and  assumed  the  ground  1  have  last 
indicated  as  the  true  policy  of  the  state.  For  my  own 
part,  I  think  the  governor  and  comptroller  were  substan- 
stially  right.  That  the  general  fund  ought  to  have  been 
replenished  by  a  temporary  state  tax;  that  the  canals, 
after  the  canal  debt  should  have  been  paid,  should  have 
been  required  to  re-imburse  the  general  fund  by  repaying 
the  moneys  received  from  the  auction  and  salt  duties,  with 
interest ;  and  the  income  arising  from  those  sources 
should  have  been  restored  to  the  general  fund.  This 
would  have  furnished  a  capital,  whose  income  would  have 
bejn  (}uite  sufficient  to  defray  all  the  legitimate  expenses 
of  the  state  government.  When  this  was  accomplished, 
the  profits  arising  from  the  ])roperty  of  the  state  in  canals, 
in  my  judgment,  ought  to  have  been  in  good  faith,  and 
with  the  most  sacred  fidelity,  ajiplied  to  the  making  of 
other  internal  improvements.  Had  the  state  have  pursued 
this  policy,  how  enviable  would  have  been  our  present 
condition  ?  We  should  at  this  moment  have  been  in 
the  receipt  of  a  nett  annual  income,  of  probably,  more 
than  a  million  of  dollars.  What  community  on  earth 
could  have  exhibited  such  financial  piosj)crity '?  The  great 


1832.]  OF    NEW-YORK.  413 

error  of  the  American  people,  and  the  American  states,  is, 
that  they  are  in  "  too  much  haste  to  become  rich." 

These  immensely  important  questions  were  discussed 
elaborately  and  with  great  ability  in  the  senate.  Beards- 
loy,  Maynard,  Seward  and  others  opposed,  and  Bronson 
and  Tracy  supported  the  bill.  On  the  final  vote  a  very 
large  majority  were  found  to  be  opposed  to  a  state  tax, 
only  five  members,  Bronson,  Fish,  Fuller  Halsey  and 
Tracy  voting  in  favor  of  it. 

The  appointment  made  by  the  governor  during  the  recess 
of  the  legislature,  of  Jonas  Earll,  Jr.  canal  commissioner, 
was  confirmed  by  the  two  houses,  and  all  the  state  officers 
were  re-appointed.  The  anti-masons  supported  opposi- 
tion candidates  in  every  instance.  For  secretary  of  state, 
they  voted  for  Gideon  Hawley  ;  comptroller,  John  C 
Spencer  ;  treasurer,^  William  Mayell  ;  attorney  general, 
Samuel  M.  Hopkins  ;  surveyor  general,  James  Geddes, 
and  for  commissary  general,  Peter  Skein  Smith.  These 
candidates  received  seven  votes  in  the  senate,  and  twenty- 
two  voters  in  the  assembly. 

A  bill  for  constructing  the  Chenango  canal  was  again 
introduced  into  the  senate,  by  Mr.  Hubbard,  and  passed 
that  house,  but  in  such  form  and  with  such  restrictions  as 
would  hardly  have  satisfied  the  applicants.  It  provided 
that  no  water  should  be  taken  from  the  Oriskany  or  Sada- 
quada  creeks  ;  it  forbade  the  commissioners  to  pay  any 
damages  to  the  owners  of  land  through  which  the  canal 
should  pass,  (the  applicants  having  represented  that  vol- 
untary releases  would  be  given,  or  would  be  procured 
without  expense  on  the  part  of  the  state,)  and  it  prohibit- 
ed the  commissioners  from  commencing  the  work  until  the 
state  should  be  amply  indemnified  by  good  personal  secu- 
rity against  an  expenditure  of  over  a  million  of  dollars.  In 
this  shape,  the  bill  passed  the  senate  by  a  vote  of  sixteen 
to  fifteen  ;  but  it  was  lost  in  the  assembly,  all  the  exer- 


414  POLITICAL    HISTORY  [1832. 

tions  of  Mr.  Granger  to  the  contrary  notwithstandintr. 
The  vote  in  that  house  stood  sixty-four  to  fifty-two.  The 
friends  of  the  bill  in  the  assembly  consisted  of  the  anti- 
masons,  the  members  from  the  Chenango  valley,  and  sev- 
eral of  the  members  from  the  city  of  New-York. 

Before  the  adjournment  of  the  legislature,  it  was,  I  be- 
lieve, pretty  well  understood  that  Mr.  Throop  would  not 
be  a  candidate  for  a  re-election. 

The  office  of  governor  of  the  state  of  New-York,  at  all 
times  subjects  a  man  to  great  anxiety  and  vexation,  aside 
from  the  pain  inflicted  on  a  sensitive  mind  by  the  cruel 
attacks  and  wanton  abuse  of  political  opponents,  and  the 
more  deep  and  painful  wounds  inflicted  by  ostensible 
friends.  It  is  almost  the  last  situation  w-hich  a  man  who 
desires  ease  and  (juiet  would  seek  or  even  consent  to  oc- 
cupy. From  the  opinion  I  have  formed  of  Gov.  Throop, 
I  think  he  is  naturally  much  inclined  to  a  peaceful  if  not 
retired  life.  Without  further  inquiry  therefore  we  are 
furnished  with  a  sufficient  reason  for  his  retirement,  espe- 
cially as  it  was  well  understood  that  he  could,  if  he  desir- 
ed it,  receive  an  appointment  from  the  national  govern- 
ment, more  lucrative,  if  less  honorable,  than  that  of  go- 
vernor of  the  state,  the  duties  of  which  he  could  execute 
without  being  continually  annoyed  both  by  friends  and 
enemies.  But  there  were  other  reasons  w-hy  it  was  wise 
in  Mr.  Throop  to  retire  from  further  competition  before 
the  people.  1  have  before  remarked  that  his  general  de- 
])orlment  was  not  such  as  to  render  him  personally  popu- 
lar, and  thai  some  times,  when  he  appeared  on  paper,  his 
j)roductions  were  illy  calculated  to  procure  respect,  either 
for  his  tact  or  talents.  To  a  candidate  for  popular  favor, 
ridicule  is  one  of  the  most  formidable  weapons  which  can 
be  used  against  him.  That  upright  and  honest  man,  Gov. 
Yates,  may  be  said  to  have  been  destroyed  by  it. 


1832.]  OF    NEW-YORK.  4l5 

Immediately  after  the  election  in  1830,  Gov.  Throop 
issued  a  proclamation  for  a  day  of  thanksgiving  and  prayer 
of  which  the  following  was  the  first  sentence: 

"  Whereas  the  wisdom  of  man  is  but  a  small  light,  shin- 
ing around  his  footsteps,  showing  the  things  that  are  near, 
while  all  beyond  is  shrouded  in  darkness,  manifesting  our 
dependence  upon  a  God  of  infinite  wisdom,  the  Creator 
and  Guide  of  all  things,  who  directs  our  path  through  the 
dark  and  unseen  places,  and  to  ends  which  human  wisdom 
foresees  not,  and  evincing,  that  our  condition  here,  whe- 
ther of  good  or  evil,  is  according  to  his  good  pleasure, 
operating  upon  our  hearts  and  minds,  and  not  according 
to  our  own  will  :  Wherefore  it  is  becoming,  not  only  in 
indiviiluals,  but  in  nations  to  prostrate  themselves  before 
him,  in  humble  thankfulness,  for  all  the  good  things 
which  he  hath  vouchsafed  to  them,  and  to  implore  the 
continuance  of  his  divine  favor,  according  to  his  good 
pleasure." 

There  is  nothing  particularly  absurd  in  this,  and  yet  the 
figure  which  presents  to  the  imagination  a  man  patrolling 
in  a  dark  night  the  streets  with  a  lamp  or  taper,  '-shining 
around  his  footsteps  ,"  is  rather  apruptly  introduced,  and 
affords  a  faint  and  feeble  illustration  of  the  idea  which  the 
governor  wished  to  impress  on  the  mind  of  the  reader.  I 
was  at  church  when  the  proclamation  was  first  read,  and 
I  recollect  on  my  return  home,  a  gentleman  high  in  office, 
and  a  political  friend  of  the  governor,  told  me  that,  if  that 
proclamation  had  been  published  twenty  days  before, 
Throop  would  have  lost  his  election.  Tne  opposition 
seized  upon  this  alleged  blunder  with  great  eagerness,  and 
the  governor  soon  acquired,  among  his  opponents,  the 
nick  name  of  the  "  sinall  light.^^  The  disappointed  office 
seekers  among  the  political  friends  of  the  governor,  charged 
their  failure,  not  to  their  own  unworthiness,  but  the  enmi- 
ty of  thr?  executive,  or  his  want    of  capacity  to  discover 


416  POLITICAL  IllSTORV.  [1832. 

their  merits.  They,  therefore,  directly  or  indirectly, 
yielded  their  aid  to  render  him  personally  unpopular. 
But  the  opposition  to  him  from  the  valley  of  the  Chenan- 
go canal  presented  the  most  formidable  barrier  to  his  suc- 
ces.  Tlie  great  majority  given  for  Granger  in  1830,  in  the 
democratic  county  of  Cfienango,  afforded  a  demonstration 
whicli  was  tantamount  to  what  the  lawyers  denominate,  a 
notice  to  quit.  The  governor's  message,  and  the  conduct 
of  his  friends  in  the  legislature  since  the  autumn  of  1830, 
had  not  been  such  as  were  calculated  to  allay  the  excite- 
ment against  him,  while  Granger's  course  had  been  of  a 
character  which  insured  an  increase  of  his  popularity 
along  the  line  of  the  projected  canal. 

In  view  of  all  these  circumstances,  it  is  not  probable 
that  the  warmest  friends  of  Mr.  Throop  desired  that  he 
siiould  again  be  a  candidate. 

The  integrity  of  Gov.  Throop  and  the  purity  of  his 
motives  have  never  been  questioned,  and  if  he  was  de- 
ficient in  literary  taste  or  attainments,  lie  certainly  did 
give  evidence  of  a  sound  mind  and  good  judgment  in  the 
measures  he  recommended,  and  in  the  selections  he  made 
of  persons  to  be  appointed  to  office.  Considering  him  as 
the  representative  and  head  of  a  political  party,  to  which 
he  was  no  doubt,  from  patriotic  motives,  honestly  attach- 
ed, it  is  difficult  to  designate  a  single  act  which  he  per- 
formed which  was  not  discreet  and  proper.  For  my  part, 
I  think  his  opposition  to  the  Chenango  canal  was  one  of 
the  most  meritorious  acts  of  his  life,  although  had  he  not 
have  made  that  opposition  he  would  probably,  had  he  have 
desired  it,  been  again  nominated  and  elected  govenor. 

The  profligate  Charles  II.  at  one  of  the  many  convivial 
parties  of  which  he  was  a  member,  was  told  by  a  boon 
companion,  that  '•  He  never  said  a  foolish  thing  and  never 
did  a  wise  one."  The  jovial  monarch  wittily  replied  that 
the  remark  was  just  and  the  reason  was.  his  words  were 


183ii.]  OF  NEW-VOIJK.  417 

his  own  but  his  actions  were  those  of  his  ministers.  I  do 
not  mean  to  say  that  the  reverse  of  this,  as  resj)ects  Gov. 
Tliroop,  was  true,  and  that  he  never  wrote  a  wise  thing, 
but  I  think  i  may  assert  with  confidence,  as  governor  he 
s.^ldoni  did  an  unwise  act. 

The  legislature  adjourned  on  the  2{5th  April. 

The  anti-masonic  state  convention  assembled  at  IJtica 
on  the  21st  June.  Thev  uGjain  nominated  Francis  Granirer 
f(  rr  (xovernor,  and  Samuel  Stevens  tor  lieutenant  irovernor. 
They  also  nominated  electors  for  president  and  vice-pre- 
sident. Mr.  William  Wirt,  late  attorney  general  of  the 
United  States,  a  man  })ossessed  of  brilliant  if  not  of  great 
talents,  and  one  of  the  most  amiable,  virtuous  and  bene- 
volent men'in  the  nation,  had  been  nominated  by  a  con- 
vention which  denominated  itself  a  national  anti-masonic 
convention,  and  Mr.  Clay  had  been  nominated  by  the 
national  republicans.  Both  candidates  and  their  respec- 
tive political  friends,  were  of  course  opposed  to  Gen. 
Jackson.  The  leading  anti-masons  did  not  hesitate  to  de- 
clare that  they  preferred  Mr.  Clay  to  Gen.  .lackson  ;  and 
as  no  reasonable  expectation  was  entertained  of  the  elec- 
tion of  Mr.  Wirt,  it  was  believed  the  anti-masonic  strength 
would  ultimately  be  thrown  into  the  scale  of  Mr,  Clay. 
The  candidates  nominated  for  electors  by  this  convention, 
were  uncommitted  as  to  the  person  for  whom  they  would 
vote  if  elected.  But  my  impression  at  the  time  was  that 
if,  when  they  should  give  their  votes,  in  December,  it 
should  be  ascertained  that  the  electoral  votes  of  this  state 
would  secure  the  election,  by  the  electors,  of  Mr.  Clay,  it 
would  be  given  to  him;  otherwise  to  Mr.  Wirt.  But  it 
was  an  extremely  awkward  position  which  both  the  na- 
tional and  anti-masonic  parties  occupied  on  this  occasion, 
from  the  fact  that  neither  dare  avow  what  candidate  the 
electors,  if  chosen,  would  vote  for.  Mr.  Croswell,  in  an- 
nouncing the  result  of  the  proceedings  of  the  Utica  con 

Aa 


418  POLITICAL    HISTORY  [1832. 

vention,  with  his  usual  inimitable  tact  and  skill,  thus 
showed  up  the  embarrassing  condition  of  the  supporters 
of  the  electoral  ticket  nominated  by  the  anti-masons, 
which  by  the  bye,  Was  headed  by  the  names  of  Jame^ 
Kent  and  Jonx  C.  SpExNCer. 

"Judging  from  the  names,  as  far  as  they  are  known  to 
us,  it  is  the  coalition,  as  palpable  as  the  thing  can  be,  and 
not  be  formally  announced  by  the  contracting  parties. 
Clay  men,  masons  and  anti-masons  alternate  through  this 
combination  of  the  factions ;  and  this  is  the  quid  pro  quo 
for  the  support,  by  the  Clay  partizans,  of  the  anti-masonic 
candidates  for  governor  and  lieut,  governor.  The  whole 
scheme  is  now  apparent.  We  shall  see  how  far  the  honest 
portions  of  both  parties  WiW  concent  to  the  trafisfer.  The 
idea  of  a  Clay  state  convention  is  the  merest  humbug. 
No  such  is  to  be  held,  or  intended  to  be  held.  The  bar- 
gain is  completed,  and  even  the  mockery  of  its  ratification 
by  the  Clay  partizans  (for  that  is  all  that  another  Utica 
convention  would  think  of  doing)  will  be  avoided." 

Contrary,  however,  to  the  predictions  of  the  editor  of 
the  Albany  Argus,  a  convention  of  national  republicans 
was  held  at  Utica  on  the  26th  of  July,  of  which  Judge 
Spencer  was  chairman.  The  chief  object  of  this  meeting 
seems  to  have  been  to  recommend  the  support  of  Granger 
and  Stevens,  and  the  electoral  ticket  nominated  by  th-e 
anti-masons.  Before  they  adjourned,  they  adopted  sundry 
resolutions,  in  one  of  which  they  recommended  the  sup- 
port of  Henry  Clay  for  president,  and  John  Sergeant  for 
vice  president  of  the  United  States. 

I  ought  to  have  mentioned  in  its  proper  place,  that  the 
legislature  in  1829,  in  pursuance  of  the  recommendation 
of  Mr.  Van  Buren,  passed  a  law  abolishing  the  district 
system,  and  directing  the  electors  of  president  to  be  cho- 
sen by  general  ticket.  It  will  be  remembered  that  this 
law,  which  undoubtedly  was  very  proper  in  itself,  was, 


1832.]  OF    NEW-YORK.  419 

nevertheless,  passed  in  direct  opposition  to  the  will  of  the 
people,  shortly  before  that  time  expressed  at  the  polls  of 
the  election.  The  Van  Burcn  party  at  this  period  was  a 
bold  and  adventurous  party.  While  Mr.  Clinton  was  liv- 
ing, they  opposed  the  general  ticket  system ;  and  when  an 
appeal  was  made  to  the  people,  the  rank  and  file  men  re- 
sponded according  to  the  wishes  of  their  leaders.  Some 
of  the  Adams  party  who  were  Clintonians  were  also  in 
favor  of  the  district  system.  In  this  way  a  large  majori- 
ty was  obtained  against  a  choice  of  electors  by  general 
ticket.  Notwithstanding  this  fiat  of  the  people,  immedi- 
ately after  the  death  of  Mr.  Clinton,  that  fiat  was  entirely 
disregarded,  and  the  district  system  abolished  without  a 
single  word  of  complaint  from  any  quarter. 

If  Mr.  Clinton  had  been  in  life,  would  the  friends  ol 
Mr.  Van  Buren  have  consented  to  the  abolition  of  the  dis- 
trict system  1 

Before  the  adjournment  of  congress,  but  at  a  very  late 
period  of  the  long  session,  the  bill  to  re-charter  the  bank 
of  the  United  States  passed  both  houses  by  strong  major- 
ities, but  the  president,  a  few  days  afterwards,  returned  it 
to  the  senate  with  his  reasons  for  declining  to  approve  it. 
This  veto  message,  as  it  was  called,  was  long,  and  W'ritten 
with  great  ability.  The  rejection  of  the  bill  v/as  the  sig- 
nal for  commencing  one  of  the  warmest  electioneering 
contests  ever  known  in  the  United  States.  The  bank, 
with  its  army  of  officers  and  debtors,  constituting  a  con- 
siderable portion  of  the  entire  population  in  every  state  in 
the  union,  uniting  its  exertions  with  the  national  republi- 
cans and  the  old  opponents  of  Gen.  Jackson,  while  the 
friends  of  Jackson  and  A^an  Buren,  and,  1  may  say,  the 
old  democratic  party,  encouraged  and  cheered  on  by  the 
state  banks  and  their  dependants,  produced  a  war  of  no 
ordinary  character  for  warmth  and  zeal.  Independent  of 
the  merits  or  demerits  of  the  application  for  a  renewal  of 


420  POLITICAL    HISTORY  [1832. 

the  charter,  the  bank  of  the  United  States  was  guilty  of 
conduct  highly  improper  and  deserving  of  censure.  The 
expenditure  of  money  as  a  bank,  for  printing  apd  circu- 
lating electioneering  hand-bills,  the  large  loans  made 
shortly  before  and  during  the  pendency  of  the  question 
before  congress  to  members  of  that  body,  and  to  influen- 
tial editors  of  newspapers,  were  acts  which  merit  the  most 
unqualified  condemnation,  and  so  far,  it  may  be  supposed, 
as  example  may  influence  those  who  come  aft-er  us,  it  is 
fortunate  that  these  nefarious  efforts  terminated  unsuccess- 
fully. 

On  the  other  hand,  notwithstanding  the  veto  message 
contained  several  very  strong  arguments,  which  applied 
with  equal  force  against  banks  and  banking  in  general,  as 
to  the  bank  of  the  United  States,  the  state  banks  in  their 
zeal  to  annihilate  the  great  leviathan,  and  wishing  to  de- 
rive all  possible  aid  from  the  influence  of  Gen.  Jackson's 
favor  and  popularity,  employed  their  officers,  directors  and 
dependents  in  circulating  the  veto  message  in  all  direct- 
tions.  The  political  press  on  both  sides  teemed  with  pub- 
lications on  the  subject. 

1  regret  to  be  compelled  to  record,  that  about  the  time 
this  tremendous  campaing  was  opened,  one  of  the  most 
talented  and  influential  opponents  of  General  Jackson,  an 
able  and  useful  legislator,  departed  this  life.  1  allude  to 
William  11.  Maynard.  He  had  gone  to  New-York  in 
the  performance  of  his  duty  as  a  member  of  the  court  of 
errors,  and  soon  after  his  arival  there,  was  seized  with  a 
malignant  fever,  supposed  to  be  the  Asiatic  cholera,  of 
which  he  died  on  the  1st  day  of  September.  1  have 
copied  the  following  notice  of  his  death  from  the  editorial 
department  of  the  Albany  Argus,  written  by  Mr.  Cros- 
well,  which  is  not  only  just  to  the  memory  of  the  deceased 
senator,  but  creditable  to  the  candor  and  liberality  of  the 
editor. 


1832. J  OF    NEW-YORK.  421 

"  Mr.  Maynard  was  in  the  prime  of  life,  and  nnay  be 
said  to  iiave  been  in  the  maturity  and  vigor  of  his  facul- 
ties. And  his  were  the  faculties  of  no  ordinary  mind.  It 
was  powerful ;  thoroughly  imbued  with  the  learning  of 
the  day,  professional  and  political ;  logical  and  exact ;  and 
possessed,  in  a  remarkable  degree,  of  the  power  of  bring- 
ing out  and  applying  its  resources. 

"  As  a  lawyer,  as  a  debater  in  the  senate,  and  as  a  capa- 
ble writer,  he  has  left  few  superiors  among  his  contempo- 
raries. Although  of  opposite  politics  with  ourselves,  we 
knew  and  estimated  the  power  of  his  intellect,  and,  along 
with  our  friends,  have  felt  the  sharpness  and  force  of  an 
encounter  with  it.  To  his  personal  friends,  his  death  is  a 
severe  deprivation.  In  the  political  party  to  which  he  was 
attached,  he  has  left  no  equal,  and  none  that  can  supply 
his  place." 

Mr.  Maynard  never  was  married.  He  had  acquired  by 
his  practice  in  his  profession  a  considerable  estate,  the 
greater  part  of  which  he  bequeathed  to  charitable  and  lite- 
rary institutions. 

The  period  fixed  for  holding  the  Herkimer  convention, 
was  now  rapidly  approaching,  and  the  members  of  the 
Albany  Regency  were  casting  about  with  anxious  solici- 
tude for  the  most  suitable,  which  perhaps  politically 
speaking,  means  the  strongest  candidates  for  governor  ai>d 
lieutenant  governor.  Gov.  Throop  being  out  of  the  ques- 
tion, there  was  little  difficulty  in  arriving  at  the  conclu- 
sion that  William  L.  Marcy  was  their  best  candidate 
for  governor  ;  but  at  his  time  of  life,  and  with  bis  politi- 
cal prospects,  upon  the  supposition  that  he  continued  in 
the  general  government,  ha  was  not  over  anxious  to  put 
his  popularity  to  a  "test,  the  issue  of  which  was  so  uncei 
tain  as  the  result  of  the  New-York  election.  The 
strength  of  the  anti-masonic  party  was  in  a  great  measure 
unknown,  and  how  many  of  the  friends  of  Gen.   Jackson 


422  POLITICAL    HISTORY  [1832. 

might  leave  the  party  in  consequence  of  the  veto  message 
no  human  being  could  foresee.  With  this  prospect  before 
him,  1  can  readily  imagine  that  Mr.  Mai'cy,  having  been 
recently  elected  to  one  of  the  most  desirable  offices  in  the 
government,  had  no  great  anxiety  to  be  a  candidate  for 
governor  at  the  then  aproaching  election.  Both  he  and 
his  friends  were  fully  convinced  that  the  majority  in  the 
state  was  wholly  uncertain,  unless  the  people  of  the  Che- 
nango valley  could  be  satisfied,  and  so  well  satisfied  that 
they  would  afford  a  cordial  support  to  the  democratic 
nominations,  as  against  even  their  tried  friend  Francis 
Granger.  How  was  this  to  be  done  ?  If  I  have  not  been 
misinformed,  some  short  time  before  the  meeting  of  the 
Herkimer  convention,  a  highly  respectable  gentleman, 
and  one  of  the  most  influential  members  of  the  democra- 
tic party,  visited  the  county  of  Chenango  and  gave  the 
people  of  that  county  assurance  that  the  Herkimer  con- 
vention would  nominate  Mr.  John  Tracy,  of  Oxford,  for 
the  office  of  lieutenant  governor,  and  about  that  time,  if 
not  an  express  a  tacit  understanding  was  produced  that 
the  next  legislature  would  pass  a  law  providing  for  the 
construction  of  the  Chenango  canal.  Thus  the  apprehen- 
sions of  the  democratic  party,  in  the  valley  of  the  Che- 
nango were  quieted.  They  no  longer  manifested  any 
inclination  to  support  for  governor  the  anti-masonic  can- 
didate, and  the  hobby  which  Mr,  Granger  had  trained  and 
ridden  for  a  considerable  time  with  great  success,  and 
which  promised  him  still  greater,  at  length  jilted  and 
jostled  him  ofl"  for  other  and  more  successful  backers. 

How  were  the  regency  to  drop  Mr.  Edward  P.  Living- 
ston and  give  the  preference  to  Mr.  Tracy  without  oflfend- 
ing  him  ?  What  explanation  was  made  to  him,  I  do  not 
know.  It  is  most  probable  that  his  political  friends  assur- 
ed him  that  their  ascendency  as  a  party  depended  upon 
the  nomination  of  Mr.  Tracy,  and  therefore  the  necessity 


1832.]  OF   NEW-YORK,  423 

which  knows  no  law,  especially  in  politics,  demanded  his 
relirement  from  office. 

The  Herkimer  convention  met  on  the  appointed  day, 
(19ih  September,)  where  these  arrangements  were  carried 
into  cflect  with  great  unanimity.  Gov,  Throop  addressed 
a  writen  communication  to  the  convention,  in  which  lie 
declined  a  nomination.  His  letter  was  dignified,  but  at 
the  same  time  modest  and  respectful.  Judge  Marcy,  on 
balloting  for  a  candidate  for  governor,  I'eceived  one  hun- 
dred and  thirteen  votes.  There  were  only  six  dissenting 
voles.  Mr.  Tracy  was  unanimously  nominated.  It  does 
not  appear  that  Mr.  Livingston  made  any  written  commu- 
nication, declining  the  hon-or  of  being  a  candidate.  This 
convention,  of  course,  nominated  presidential  electors; 
and  Mr.  Livingston  was  recommended  by  it  for  one  of  the 
two  state  electors.  Col.  Young,  on  this  occasion,  again 
appeared  in  the  political  field,  and  was  made  chairman  of 
the  convention.  It  will  be  remembered  that  in  1824, 
when  a  candidate  for  governor,  he  had  declared  himself 
in  favour  of  Henry  Clay  for  president,  in  a  letter  written  tc 
Mr.  Hudson  of  Madison;  and  in  1828,  it  was  rumored 
that  Mr,  Young  was  inclined  to  support  the  re-election  of 
Mr,  Adams;  but  in  1832,  he  published  a  pamphlet,  of 
course  very  ably  written,  in  opposition  to  the  renewal  of 
the  charter  of  the  United  States  Bank;  and  in  which  he 
spoke  in  terms  of  high  commendation  of  the  character  and 
policy  of  Gen.  Jackson.  If  the  confidence  of  any  of  his 
political  friends  in  him  had  been  previously  impaired,  the 
grounds  taken  by  him  in  this  pamphlet  restored  that  con- 
fidence. 

I  need  not  say  that  the  election  was  warmly  contested, 
and  that  the  parties  were  highly  excited,  because  that  such 
were  the  facts,  mnst  be  fresh  in  the  recollection  of  every 
reader 


424  POLITICAL    HISTORY  [1832. 

The  triumph  of  the  Jackson  party  in  the  state  and  na- 
tion was  complete.  The  western  anti-masonic  counties 
held  their  large  majorities  in  favour  of  Granger  and  Stevens 
and  the  anti-Jackson  electoral  ticket;  but  the  city  of  New- 
York,  the  southern  and  North  river  counties,  as  well  as 
several  of  the  counties  in  the  interior  of  the  state,  gave 
very  large  Jackson  majorities.  The  city  of  Nevv-\ork 
gave  that  ticket  about  five  thousand  majority.  Wotiid 
this  have  been  done  had  not  the  city  banks  been  oppos-.-d 
to  the  existence  of  a  branch  of  the  bank  of  the  I.'riit;-d 
Sates  in  that  city  ?  The  county  of  Chenango  which,  in 
1830,  gave  Granger  one  thousand  majority,  now  gave 
Marcy  and  Tracy  about  two  hundred. 

The  Jackson  majority  in  the  state  was  about  thirteen 
thousand. 

The  members  elected  this  year  to  the  sena>j  w^ere 
From  the  First  District,  Myndert  Van  Schaick, 
"    "        Second     do.,     John  Suydam, 
"  Third        do.,     Peter  Gansevoort, 

'*  Fourth      d(».,     Mr.  Hasbrouck, 

"  Fifth,        do.,     John  G.  Stower, 

"  Sixth         do.,     John  F.  Ilnbbard, 

"  Seventh    do.,     Samuel  L.  Edwards, 

"  Eighth      do.,     John  Griflin. 

Of  these  senators  elect  all  except  Mr.  Hasbrouck  and  Mr. 
Griffin  belonged  to  the  Jackson  party. 

A  few  days  before  the  first  of  January,  Gov.  Throop 
was  appointed  by  the  president  naval  othcer  in  the  custom 
house  of  New- York.  This  provision  for  Mr.  Throop  had 
undoubtedly  been  conteinj)lat(;d  a  long  time  before  the  ap- 
pointment was  actually  made. 

y\s  I  intend,  in  tlie  further  prosecution  of  this  work, 
(having  now  arrived  at  a  very  recent  period,)  to  avoid  in- 
dulging myself  in  that  freedom  of  remark  on  the  conduct 
and  motives  of  men  which  1  have  heretofore  exercised; 


1832.]  OF  NEW- YORK.  425 

and  as  I  have  asserted  that  an  understanding  existed  hv- 
tween  the  leaders  of  the  dominant  party  at  Albany  and 
tiic  applicants  for  the  construction  of  the  Chenango  ca- 
nal, I  deem  it  proper,  although  that  understanding  was 
not  and  could  not  bo  carried  into  cfTect  until  the  session 
of  tlie  legislature  in  1833,  here  to  state,  that  soon  after 
that  legislature  was  organized,  a  bill  for  the  construction 
of  the  Chenango  canal  was  introduced  into  the  assembly, 
without  limitation  as  to  the  expense,  or  any  other  restric- 
tion, except  that  the  commissioners  were  to  take  no  water 
from  the  Oriskany  or  Sauijuoit  creeks,  which,  on  the  1st 
day  of  February,  passed  that  house  by  a  vote  of  seventy- 
nine  to  forty.  It  was  immediately  sent  to  the  senate,  and 
on  the  21st  of  February  it  passed  that  body,  seventeen 
senators  voting  in  favor  of  the  bill  and  ten  against  it. 
Many  of  the  democratic  senators  who  heretofore  had  vo- 
ted against  the  project  in  all  its  forms,  now  cliangod  their 
votes.  The  reasons  assigned  by  these  gentlemen  for  their 
change  of  opinion  were  quite  singular — I  was  going  to 
say  amusing.  Several  senators  of  high  standing  and 
character,  declared  in  their  {)laces  that  they  believed  the 
project  ought  not  to  be  sanctioned  by  the  state  ;  but  as 
they  had  no  doubt  the  applicants  would  persevere  until  a 
legislature  would  be  chosen  who  would  grant  their  re- 
quest, they  thought  it  their  duty  to  vote  for  tlie  measure  : 
for  if  they  did  not  pass  the  law,  their  successors  would. 
To  illustrate  more  clearly  the  rule  of  action  by  which 
these  gentlemen  profess  to  have  been  governed,  I  will 
suppose  that  I  am  quite  sure  that  Tom  Jones  will  steal 
your  horse  to-morrow  night ;  and  to  prevent  such  an  out- 
rage, /  determine  to  steal  the  horse  this  night ! 

The  success  of  the  bill  must  have  been  very  annoying 
to  Mr.  Granger  and  his  anti-masonic  friends.  He  and 
they,  no  doubt,  anticipated  realizing  much  political  capital 
from  supporting  this  measure  in  opposition  to  the  views 


426  POLITICAL    HISTORY  [1832. 

of  a  majority  of  the  democratic  party.  The  Chenango 
canal  was  now  taken  out  of  the  hands  of  the  anti-masons, 
and  the  law  was  passed,  or  they  were  well  aware  might, 
and  would  have  been,  passed  without  their  aid.  Mr.  Sew- 
ard and  My.  Tracy  of  the  SLMiate,  and  John  C.  iSponcer, 
George  VV.  Patterson,  and  some  other  anti-masons  in  t'le 
assembly,  voted  against  the  bill.  It  gives  me  j'leasure  to 
slate,  that  the  canal  commissioners,  especially  Col.  Young, 
|)ursued  a  consistent  course  throughout  in  relation  to  this 
question. 

I  have  been  the  more  particular  in  relating  the  origin, 
progress  and  consummation  of  the  scheme  of  making  this 
canal,  because  I  regard  it  as  the  commencement  of,  or  en- 
tering wedge  to,  a  system  of  measures,  and  a  policy  which 
have  involved  this  state  in  a  debt,  which,  for  ought  I  can 
perceive,  will  continue  to  accunulate,  or  which,  at  all 
events,  will  not  be  extinguished  by  the  present,  and  I  ap- 
prehend, many  succeeding  generations.*  The  construc- 
tion of  this  canal  was  undertaken  by  the  state  after  full 
and  ample  notice  from  its  own  agents,  that  the  income 
from  it  would  not  even  pay  the  necessary  expenditures  for 
keeping  it  in  repair  after  it  was  completed,  and  the  wages 

*'rhe  preceilent  was  of  a  charncter,  in  a  popular  government,  which  of  course  will  al- 
ways he  divided  into  parties,  the  most  dangerous.  A  lar^e  portion  of  the  electors  of  the 
counties  of  Chenango  and  Broome  had,  by  their  vote  in  It-SD,  put  themselves  in  market. 
They  virtually  d(  clared  by  Uiat  vote  that  the  party  which  would  give  them  a  canal, 
(which  was  tfie  same  in  elfect  as  if  they  had  said  the  party  which  would  give  us  money,) 
s!:oulil  receive  their  votes.t  Botli  parties  enierlaincd  the  proposition  and  entered  into  a 
conipciition  for  the  promised  reward. 

What  is  to  prevent  the  extension  and  perpetuity  of  these  pernicious  and  demoralizing 
pr-tctices?  Nothing  further  seems  necessary  than  for  a  given  section  of  tlie  slate  lo 
combine  to  lay  a  contribution  on  the  whole  community  for  their  particular  use,  and  either 
the  party  out  of  power,  for  the  purpos  of  ffaini/is-  or  tlie  party  in  power,  in  order  to  re<a»» 
it,  will  comply  willi  the  demand. 

The  only  remedy  for  this  alarming  evil  Is  a  union  of  good  men  of  all  parties  to  resist 
eucb  coiubiiiaiions. 

1 1  am  sure  no  (lerson  will  understand  me  as  charging  that  the  people  in  the  valley  of 
the  Chenango  would  or  did  act  dillerently  from  what  the  nature  of  man  will  impel  otlier 
Iicople  to  act  under  similar  circumstances. 


1832.]  OF    NEW- YORK.  427 

of  lock-tenilers  and  fees  of  collectors.  This  most  palpa- 
bl'-  absurd  project,  I  think  it  can  not  be  too  uncharitable 
to  .say,  was  sustauied  by  Mr.  Granger  and  his  anti-masonic 
friends  mainly  from  pt)litical  motives,  and  was  taken  out 
of  their  hands  and  adopted  by  their  opponents,  in  all  prc- 
habilitv  from  similar  motives.  This  mav  be  regarded  by 
some  as  harsh  language,  but  1  am  entirely  deceived  if  it 
be  not  the  languaffe  *'  of  truth  and  soberness." 


428  POLITICAL     HISTORY  fl833. 


CHAPTER  XL. 

FROM  JANUARY  1,  ]<-33,  TO  JANUARY  1,  I>C9. 

I  HAVK  heretofore  written  in  relation  to  incn  and  mea- 
sures as  if  the  events  which  I  have  recorded,  had  occur- 
red, and  the  individuals  of  whom  I  have  spoken,  had  ex- 
isted an  hundred  years  ago.  At  any  rate,  I  have  attempt- 
ed so  to  write  ;  and  if  I  have  not,  the  error  has  been  unin- 
tentional, and  I  have  been  misled  by  impressions  made  on 
my  own  mind  at  the  time  such  events  occurred,  produced 
by  i)redilections  which  I  then  entertained. 

I  have  now  arrived  at  a  period  so  near  that  in  which  1 
write,  that  it  is  im})ossible  to  speak  of  individuals  and 
principles  with  the  freedom  I  have  heretofore  done,  with- 
out becoming  a  party  to  the  present  political  controver- 
sies, wich  would  be  quite  contrary  to  my  original  plan, 
and  would  give  to  these  sheets  the  character  of  a  partizan 
work,  instead  of  being  what  1  intend  it  shall  be,  an  impar- 
tial sketch  of  the  history  of  parties.  Besides,  events  may 
transpire  within  a  very  few  years,  or  indeed  within  a 
shorter  time,  which  may  materially  change,  in  the  view  of 
an  impartial  spectator,  the  aspect  of  the  action  and  mo- 
tives of  action  of  the  leading  politicians,  who  now  are  per- 
forming their  parts  on  the  political  theatre.  1  shall, 
therefore,  in  this  chapter,  very  briefly  review  the  promi- 
nent events  which  have  taken  place,  and  allude  to  the 
principal  political  actors  from  the  election  of  Gen.  Jack- 
son, at  the  close  of  the  year  1832,  to  the  election  of  Gen. 
Harrison,  in  1840;  and  shall  merely  indicate  the  great 
points  of  diiTerence  between  the  two  parties,  without  any 
suggestions  or  discussions  in  relation  to  the  merits  of  either 
men  or  measures. 


1833.]  or  NEW-YORK.  429 

Perhaps  no  political  party  was  ever  better  organized 
than  the  democratic  party  in  the  state  of  New-York  at  the 
commencement  of  the  administration  of  Governor  Marcy. 
All  questions  in  relation  to  the  selection  of  candidates  for 
elective  offices,  either  by  the  people  or  the  legislature, 
were  settled  in  caucus,  and  every  member  of  the  party 
was  in  honor  pledged  to  support  the  decision  of  these  as- 
semblies. S.  Wright,  A.  C.  Flagg,  E.  Croswell,  B. 
Knower,  J.  A.  Dix,  and  James  Porter,  all  of  them  discreet 
and  sagacious  politicians,  constituted  the  soul  of  the  Alba- 
ny Regency,  by  the  result  of  whose  deliberations  the  de- 
mocratic party,  so  far  as  related  to  mere  political  opera- 
lions,  were  generally  governed. 

Gov.  Marcy,  who  now  controlled  the  executive  depart- 
ment of  the  government,  although  he  had  for  a  year  or 
two  past  been  occupied  in  the  discharge  of  his  official 
duties  with  national  politics,  had,  by  no  means,  been  inat- 
tentive to  the  scenes  which  were  passing  in  his  own  state. 
He,  therefore,  may  be  said  to  have  been  quite  at  home, 
when  he  ascended  the  gubernatorial  chair.  The  declara- 
tion which  he  made  in  the  senate  of  the  United  States, 
that  "  to  the  victors  belong  the  spoils,"  which  was  the 
subject  of  considerable  and  warm  animadversion  by  his 
political  opponents,  did  not  impair  his  inlluence  with  his 
friends  at  home.  It  wns  a  maxim  by  which  they  were 
governed.  And,  in  truth,  are  not  all  political  parties  in 
this  state,  and  to  a  considerable  extent  in  the  nation,  go- 
verned by  it  t  John  Quincy  Adams  attempted  to  repu- 
diate it,  and  w^as  soon  politically  prostrated.  Even  Mr. 
Webster,  who,  with  great  zeal  denounced  Mr.  Marcy  for 
avowing  the  principle,  himself  practices  upon  it.  The 
open  avowal  of  it  by  Marcy  was  an  evidence  of  frankness; 
a  denial  would  have  proved  him  a  hypocrite. 

The  democratic  party  also  at  this  period  had  the  full 
benefit  of  General  Jackson's  personal  popularity,  and  was 


430  POLITICAL    HISTORY  [1833. 

basking  in  the  sunshine  of  his  patronage;  their  favorite 
son,  Van  Buren,  was  vice  president  and  the  acknowl- 
edged heir  apparent  to  the  presidency,  and  it  had  for  its 
official  head  William  L.  Marcy  a  man  of  talents  of  the 
highest  order,  of  great  decision,  of  character,  and  of  ac- 
knowledged honor  and  integrity  ;  while  on  the  other  hand, 
it  was  now  every  day  becoming  more  and  more  evident 
that  the  anti-masonic  party,  as  such,  never  could  acquire 
an  ascendancy  in  the  state,  and  all  sensible  men  despaired 
of  a  complete  and  cordial  union  of  that  party  with  the 
national  republicans.  The  banking  interest,  too,  was  at 
this  time  decidedly  in  favor  of  the  democratic  party. 

Charles  L,  Livingston,  of  New-York,  was  re-elected 
speaker  of  the  assembly.  He  received  ninty-nine  rotes, 
while  John  C.  Spencer,  the  anti-masonic  candidate,  re- 
ceived but  twenty-two. 

The  new  governor's  message  was  an  exceedingly  well 
written  state  paper.  Its  style  was  neither  declamatory 
nor  pedantic,  but* easy,  chaste  and  elegant.  On  the  sub- 
ject of  the  financial  policy  of  the  state,  he  concurred  with 
his  predecessors.  He  laid  down  some  very  good  general 
rules  which  ought  to  govern  the  legislature  in  deciding 
upon  applications  for  further  internal  improvements  ;  and 
yet  he  all  but  recommends  the  construction  of  the  Che- 
nango canal.     On  this  subject  he  says — 

'•An  application  for  a  public  work,  to  connect  the 
waters  of  the  Susquehannah  with  the  Erie  canal,  by  a 
communication  through  the  valley  of  the  Chenango,  has 
for  several  successive  years  been  Fnade  to  the  legislature, 
and  will  doubtless  be  again  renewed  at  this  session.  The 
proposed  canal  extends  about  ninety-five  miles  through 
an  interesting  section  of  the  state,  and  will  afford  addi- 
tional facilities  to  a  market,  for  the  products  of  a  con- 
siderable portion  of  our  citizens.  Repeated  examinations 
of  The  route  have  been  made  by  skilful  and  experienced 


1833.]  OF  NEW-YORK.  431 

engineers,  and  the  practicability  of  the  work  well  ascer- 
tained. The  expense  has  been  uniformly  estimated  by  the 
engineers,  at  less  than  one  million  of  dollars  ;  but  tiie 
canal  commissioners  are  of  the  opinion,  that  it  will  in- 
volve an  expenditure  beyond  that  sum.  The  amount  of 
revenue  it  will  yield  has  been  variously  stated;  some  think 
it  will  not  be  sufficient  to  keep  the  canal  in  repair,  and  pay 
the  expenses  of  collection ;  while  others  who  have  given 
the  subject  an  equally  careful  consideration,  entertain  a 
confident  belief  that  it  will  be  abundantly  sufficient  to 
bring  the  application  within  the  rule  I  have  laid  down  as 
justifying,  in  my  judgment,  the  construction  of  any  pub- 
lic work  falling  within  it.  It  remains  for  you  to  decide 
upon  these  conflicting  opinions.  I  commend  this  propos- 
ed work  to  your  favorable  notice,  with  the  expression  of 
a  strong  desire  that  its  merits  may  be  found  such  as  to  in- 
duce you  to  authorize  its  construction." 

The  election  of  Mr.  Marcy  as  governor  had  left  a  va- 
cancy in  the  senate  of  the  United  States.  The  peculiar 
situation  of  Mr.  Van  Buren  as  vice  president  and  as  can 
didate  for  president,  rendered  it  very  important  for  him 
that  the  senator  to  be  elected  from  this  state  should  be  not 
only  his  personal  and  political  friend,  but  a  prudent, 
shrewd,  sagacious  man,  and  capable  when  the  emergency 
required,  of  acquitting  himself  well  as  a  floor  member  of 
that  body.  For  the  purpose  of  effecting  these  objects, 
the  comptroller,  Silas  Wright,  jun.  was  selected.  This 
produced  a  vacancy  in  the  office  of  comptroller,  to  which 
place  Mr.  Flagg  was  appointed,  and  Gen.  Dix  was  made 
secretary  of  state.  A  young  gentleman  from  Canandai- 
gua,  Mr.  Levi  Hubbell,  was  appointed  adjutant  general  in 
lieu  of  Gen.  Dix.  The  acquaintance  of' Mr.  Hubbell  in 
"  the  infected  district,"  and  his  supposed  influence  there, 
was  probably  one  motive  which  induced  that  selection. 


L, 


432  POLITICAL    HISTORY  [1833. 

I  have  before  mentioned  that  the  United  States  senate 
non-concurred  in  the  nomination  of  M.  M.  Noah,  one  of 
the  editors  of  the  New-York  Enqnirer,  to  the  office  of 
surveyor  of  the  port  of  New  York.  That  decision  of  the 
senate  \vas  afterwards  re-considered,  and  he  v/as  appoint- 
ed ;  but  from  the  course  taken  by  Maj.  Noah  at  the  last 
presidential  election,  he  probably  anticipated  a  removal 
from  his  office,  and  therefore  resigned.  Hector  Craig,  for- 
merly a  Clintonian  member  of  congress,  Vv'ho  in  1825  vo- 
ted for' Gen.  Jackson  for  president,  (by  the  bye  the  only 
member  belonging  to  that  party  who  voted  for  him,)  a 
very  worthy  and  honorable  man,  was  appointed  to  that 
office. 

The  term  of  service  of  jMr.  Dudley,  in  the  senate  of  the 
United  States,  was  to  expire  on  the  4th  of  March,  and  on 
the  2d  February  a  legislative  caucus  was  held  for  the  pur- 
pose of  nominating  a  successor.  The  members  who  com- 
posed this  meeting  were  divided  in  opinion.  Some  were 
for  xs'.  P.  Tallmadge,  some  for  Judge  Sutherland  and 
Some  for  B.  F.  Butler.  On  the  first  ballot  no  person  haa 
a  majority  of  all  the  votes.  After  some  consultation, 
Edward  Livingston,  the  brother-in-law  of  Judge  Suther- 
land, withdrew  his  name  from  competition  as  a  candidate, 
and  an  attempt  was  m.ade  to  concentrate  the  opposition  to 
Tallmadge  on  Butler — but  eventually  the  former  obtained 
the  nomination  by  a  small  majority,  I  believe  three  or 
four.  Col.  Tallmadge  was  the  avowed  friend  of  the  pro- 
tective or  American  sy;-tem  which  induced  Chief  Justice 
Savage  and  Mr.  B.  Knower  to  favor  his  nomination,  and 
which  probably  linally  turned  the  scale  in  his  favor.  The 
next  day  opposition  was  made  to  his  election  by  Mr. 
Sherman  of  New-York,  and  Mr.  Westcott  of  Orange 
county,  in  the  senate,  and  by  Mr.  Varian,  Mr.  Spencer 
and  others  in  the  assembly,  upon  the  ground  that  he  was 
constitutionally  ineligible,  he  being  then  a  member  of  the 


'^^r^ 


■tiy  J.C  B-aa 


n^  am,  Th  n  j!k  ]^M    ii,  ^  j^y^:}  ^^  ^  ,-f,  .^,. 


1S33.]  OF    NEW-YORK.  433 

legislature.  But  this  opposion  was  overruled  by  the 
majority.  In  the  senate  Mr.  Tallmadge  received  eighteen 
votes,  Air.  Granger  six  and  Mr.  Butler  two;  in  the  assem- 
bly sixty-nine  votes  were  given  to  Mr.  Tallmadge,  twen- 
ty-five for  Granger  and  twelve  for  Butler.  Two  senators, 
Messrs.  Quackenboss  and  Cropsy,  were  excused  from  vot- 
ing, and  in  the  assembly  it  will  be  seen  that  but  a  small 
vote  was  given.  Those  who  voted  for  Mr.  Granger  were 
anti-masons,  but  those  who  voted  for  Mr,  Butler  and  those 
who  declined  voting  at  all,  were  of  an  opinion  that  the 
election  of  Mr.  Tallmadge  was  unconstitutional.  It  will 
be  perceived  that  there  was  but  a  small  majority  of  the 
members  elected  to  each  house  who  voted  for  Mr.  Tall- 
madge. If  the  majority  of  the  legislature  had  not  the 
constitutional  power  to  elect  Mr.  Tallmadge,  had  not  the 
senate  of  the  United  States  a  right,  and  was  it  not  their 
duty  to  adjudicate  on  the  question^ 

The  famous  compromise  bill  of  Mr.  Clay  had  passed 
both  houses  of  congress;  and  been  approved  by  the  presi- 
dent, by  which  the  vexed  question  in  relation  to  the  tariff 
was  put  at  rest,  and  the  country  was  now  reposing  in  per- 
fect peace  and  quietness.  Money  was  abundant  and  our 
commercial  affairs  were  prosperous;  but  in  this  state  of 
the  public  mind,  the  president  made  a  movement  which 
produced  much  excitement,  and  called  out  a  very  bitter 
party  feeling. 

By  the  law  creating  the  United  States  Bank,  it  was  pro- 
vided that  the  national  revenue  should  be  deposited  in  that 
bank,  to  be  paid  out  and  disbursed  by  it  according  to  the 
directions  it  should  from  time  to  time  receive  from  the 
treasury  department.  The  secretary  of  the  treasury  had 
however  the  right  to  remove  those  deposites  whenever,  in 
his  judgment,  the  public  interest  demanded  the  change. 
The  intention  undoubtedly  was,  that  the  national  deposits 
should  be  continued  in  the  bank  of  the  United  States  dur- 

Bb 


434  POLITICAL    HISTORY  [1833. 

ing  its  existence,  provided  it  continued  to  oe  a  safe  de- 
pository and  performed  its  stipulated  duties  in  transmit- 
ting and  disbursing  the  public  moneys  according  to  the 
meanins:  of  its  charter.  The  existence  of  the  bank  would 
not  terminate  till  the  year  1836,  and  the  local  state  banks, 
anxious  to  enjoy  the  golden  harvest  growing  out  of  the  use 
of  the  national  deposits,  could  not  wait  patiently  the  death 
of  their  great  rival  for  the  fruition  of  their  hopes,  but 
availed  themselves  of  the  indignant  feelings  of  Gen. 
Jackson  towards  Mr.  Biddle  and  the  managers  of  the 
National  Bank,  and  goaded  him  on  forthwith  to  cause  a 
transfer  of  the  treasury  funds  from  that  bank  to  their  own 
vaults.  Their  zeal  was  sharpened  from  the  knowledge 
which  the  shrewd  and  keen  sighted  directors  of  these 
institutions  possessed  of  the  surplus  revenue,  which  they 
foresaw  was  soon  to  accumulate  in  the  treasury,  and 
which,  as  they  imagined,  would  for  an  indefinite  period, 
remain  m  the  vaults  of  the  banks  and  be  subject  to  their 
use. 

The  subject  of  removing  the  deposits  from  the  United 
States  Bank,  on  the  ground  that  they  were  unsafe  in  the 
charge  of  that  institution,  was,  by  the  president,  brought 
before  congress  during  their  long  session  in  1833,  and  by 
a  strong  vote,  the  house  of  representatives  expressed 
themselves  adverse  to  the  project.  But  the  bold  and  en- 
terprising spirit  of  Gen.  Jackson  was  not  to  be  checked 
by  such  means.  He  suggested  his  views  on  this  subject 
to  his  cabinet;  but  here  he  again  met  with  a  serious  obsta- 
cle. Mr.  Duane,  the  secretary  of  the  treasury,  dcclarcii 
that  he  could  not  conscientiously  consent  to  the  measure, 
and  no  consideration  could  be  presented  to  him  capable 
of  overcoming  that  determination.  But  General  Jackson 
was  not  in  the  habit  of  terminating  a  controversy  until  a 
complete  conquest,  on  one  side  or  the  other,  was  achieved. 
He,   therefore,  instead  of  removing  the  deposits  himself. 


1833.]  OF    NEW- YORK.  435 

removed  the  secretary,  and  appointed  Roger  B.  Taney, 
the  present  chief  justice  of  the  United  States,  in  his  place; 
and  Mr.  Taney  forthwith  issued  an  order  for  the  removal 
of  the  deposits  from  the  national  to  the  state  banks.  This 
transaction  roused  to  vigorous  action  the  opposition  to  the 
natonal  administration  in  every  part  of  the  United  States. 

It  did  not,  however,  produce  much  effect  on  the  condi- 
tion of  parties  in  this  state.  It  was  very  evident  that,  in- 
asmuch as  so  large  a  portion  of  the  revenue  was  collected 
in  the  port  of  New-York,  the  transfer  of  the  national  de- 
posits to  our  own  banks  would  greatly  increase  the  wealth 
of  our  own  citizens,  and  would  facihtate  bank  accommo- 
dations to  business  men  and  speculators.  It  is  easy  to 
convince  men  that  what  is  for  their  own  convenience  and 
interest  is  right. 

The  November  election  terminated  almost  universally 
in  favor  of  the  democratic  party.  The  county  of  Wash- 
ington changed  from  a  very  strong  anti-masonic  majority, 
and  this  year  returned  democratic  members  to  the  assem- 
bly. Mr.  Isaac  R.  Van  Duzer,  who  I  have  mentioned  before 
as  a  young  man  of  promising  talents,  being  dissatisfied 
with  the  majority  of  his  party,  attempted,  in  Orange  coun- 
ty, to  get  up  an  irregular  ticket,  of  which  he  himself  was 
the  head;  but  it  failed,  and  the  regular  democratic  candi- 
dates were  elected. 

In  the  sixth  senatorial  district  which,  in  1830,  had 
elected  an  anti-masonic  senator,  (Mr.  Lynde,)  Mr.  Mack 
of  Ithaca,  the  democratic  candidate,  this  year  obtained  a 
majority  of  more  than  seven  thousand.  Even  in  the  eighth 
district,  Mr.  Tracy's  election  was  for  a  long  time  doubt- 
ful, and  he  ultimately  succeeded  with  but  one  hundred  and 
sixty-five  majority.  All  the  other  districts  elected  demo- 
cratic senators.  Of  the  one  hundred  and  twenty-eight 
members  of  assembly  elected,  one  hundred  and  four  were 
democrats. 


436 


POLITICAL    HISTORY. 


[1833. 


Second 

do., 

Third 

do., 

Fourth 

do., 

Fifth 

do.. 

Sixth 

do., 

Seventh  do., 

Eighth 

do.. 

The  following  are  the  names  of  the  senators  who  were 
chosen  at  this  election  : 

From  the  First  District,  C.  L.  Livingston, 

Leonard  Maison, 
John  C.  Kemble. 
Isaac  W.  Bishop, 
Francis  Soger, 
Ebenezer  Mack, 
Thomas  Armstrong, 
Albert  H.  Tracy. 

The  appointment  of  Mr.  Taney,  secretary  of  the  trea- 
sury, left  the  office  of  attorney  general  of  the  United 
States  vacant,  a  vacancy  which  was  soon  after  supplied 
by  the  appointment  of  Benjamin  F.  Butler,  of  Albany. 
Mr.  Butler,  I  have  somewhere  before  remarked,  had  been 
a  student  and  law  partner  of  Mr.  Van  Buren,  and  was 
with  him  a  special  favorite.  This  appointment  must  there- 
fore have  been  particularly  agreeable  to  him.  The  ap 
pointment  was  well  received  ;  and  as  evidence  of  it,  I 
may  mention  that  when  about  leaving  Albany  for  Wash- 
ington, Mr.  Butler  was  addressed  by  about  ninety  of  the 
most  respectable  citizens  of  Albany,  without  distinction 
of  party,  among  whom  were  Stephen  Van  Rensselaer, 
Abraham  Van  Vechten  and  Harmanus  Bieecker,  in  which 
they  speak  in  terms  of  great  respect  of  his  virtue  as  a 
citizen,  and  his  talents  and  learning  as  a  lawyer. 

While  treating  of  the  proceedings  of  the  legislature  at 
the  preceding  session,  I  ought  to  have  mentioned  that  a 
law  was  passed  authorizing  the  appointment  of  an  addi- 
tional canal  commissioner,  and  that  Michael  Hoffinan,  of 
Herkimer  county,  who  had  for  some  time  been  a  member 
of  congress  and  held  a  respectable  standing  there,  was  ap- 
pointed to  the  new  office. 


J  834.]  OF    NEW-YORK.  437 

Charters  were  granted  to  eight  banking  companies;  and 
additions  authorized  to  be  made  to  the  capital  of  some 
pre-existing  banks. 

January  7,  1834. — The  late  speaker  and  clerk  of  the 
assembly  having  been  transferred  to  the  senate,  William 
Baker,  of  the  county  of  Otsego,  was  chosen  speaker,  and 
Philip  Reynolds,  jun.  of  Montgomery,  the  editor  and 
printer  of  a  newspaper,  was  elected  clerk.  Mr.  Baker 
received  one  hundred  and  thirteen  votes  for  speaker,  and 
there  were  ten  blanks. 

The  governor's  message,  as  is  every  thing  else  written 
by  him,  was  able  and  well  written,  but  was  unreasonably 
long.  This  fault,  if  it  be  one,  in  our  executive  commu- 
nications, has  continued  to  prevail,  and  for  aught  I  see,  is 
likely  to  be  increased  rather  than  reformed.  The  govern- 
or, when  on  the  subject  of  banks  in  his  message,  states 
the  fact  that  already  notice  had  been  given  that  one  hun- 
dred and  five  applications  would  be  made  during  that  ses- 
sion for  bank  charters. 

Nathan  Williams,  judge  of  the  fifth  circuit,  having  be- 
come ineligible,  by  reason  of  his  age,  to  continue  in  the 
exercise  of  his  office  any  longer,  resigned  it,  and  the  gov- 
ernor and  senate  appointed  Samuel  Beardsley  his  succes- 
sor. Mr.  Beardsley  was  at  the  time  a  leading  and  effi- 
cient member  of  the  house  of  representatives  of  the  United 
States  in  support  of  the  national  administration  ;  and  so 
fierce  was  the  opposition,  and  so  valuable  were  his  ser- 
vices, that  the  friends  of  the  president  persuaded  him  to 
remain  in  congress,  and  of  course  to  decline  the  office  of 
judge.  After  Mr.  Beardsley  had  declined,  the  governor 
appointed  Hiram  Denio  to  that  office.  Though  contrary 
to  the  rule  I  had  prescribed  to  be  observed  in  writing  this 
closing  chapter,  I  cannot  deny  myself  the  pleasure  of  re- 
cording my  testimony  in  favor  of  judge  Denio  as  one  of 
the  most  upright,  discriminating  and  learned  judges  who 


438  POLITICAL  HISTORY.  [1834. 

ever  sat  in  our  superior  courts.  It  is  deeply  to  be  regret- 
ted that  his  health  compelled  him  to  resign  his  office  a  few 
years  after  his  appointment.  His  services  to  the  state  as 
a  judge  of  the  supreme  court,  to  which  court  he  undoubt- 
edly would  have  been  transferred,  would  have  been  of  in- 
calculable value  to  the  state  of  New-York. 

Mr.  Bowne,  a  young  and  talented  member  from  the 
county  of  Otsego,  (now  a  member  of  congress)  introduced 
into  the  assembly  a  bill  for  the  abolition  of  capital  punish- 
ment, and  supported  it  with  great  zeal  and  eloquence. 
The  bill  was  rejected  by  a  large  majority.  I  mention  the 
fact,  because  this,  I  believe,  was  the  first  time  this  great 
question  was  presented  directly  for  the  action  of  any  legis- 
lative body  in  this  state. 

After  the  order  for  removing*  the  deposits  from  the  bank 
of  the  United  States  was  issued,  the  managers  of  the  in- 
stiution  instantly  commenced  a  system  of  curtailing  their 
discounts  and  collecting  their  debts.  This  was  done  under 
pretence  that  it  had  made  loans  on  the  credit  of  those  de- 
posits ;  and  that  the  order  for  their  removal  imposed  upon 
it  the  necessity  of  pursuing  that  course  of  conduct.  The 
bank  executed  its  determination  with  the  utmost  rigor, 
and  in  the  course  of  a  few  months  forced  collections  to 
the  amount  of  many  millions.  Its  greatest  severity  was 
exercised  towards  its  debtors  in  the  state  of  New-York. 
It  was  alleged  by  the  friends  of  the  administration,  that 
these  large  collections,  and  this  great  curtailment  of  the 
circulation  by  the  bank,  was  unnecessary ;  that  the  re- 
moval of  the  deposits  was  the  osteasible,  and  not  the  true 
cause  of  this  procedure.  That  the  real  object  of  the  bank 
was  to  bring  distress  upon  community,  or  such  a  pressure 
on  the  state  banks,  as  would  compel  them  to  suspend 
specie  payment;  and  in  either  or  both  cases,  they  believed 
that  the  public  indignation  would  fall  upon  the  national 
administration  as  the  cause  of  the  calamity.     The  subse- 


1S34.]  OF  NEW-YORK.  439 

qucnt  sudden  enlargement  of  the  discounts  of  the  bank, 
and  its  increase  of  circulation,  which  occurred  in  1835^0, 
affords  strong  evidence  that  this  allegation  was  well 
founded. 

In  the  winter  of  1836,  the  distress  produced  by  these 
operations  of  the  bank,  was  fell  in  every  part  of  the  union, 
but  most  severely  in  the  commercial  towns.  It  infused 
fresh  spirit  and  vigor  among  the  ranks  of  the  opposition 
in  tho  state  and  nation.  They  characterized  the  act  of 
General  Jackson,  in  removing  the  deposits,  as  high-handed 
and  tyrannical;  and  as  an  usurpation  by  the  executive  of 
powers  which,  according  to  the  genius  of  the  constitution, 
belonged  to  the  legislative  department  of  the  government  ; 
and  that  by  this  measure,  the  president  had  obtained 
the  possession  and  control  of  the  national  treasures,  of 
which  the  representatives  of  the  people  in  congress  were 
the  constitutional  guardians.  They,  about  this  time,  as- 
sumed the  title  of  Whigs,  as  the  cognomen  by  which  all 
those  who  were  opposed  to  the  administration  of  General 
Jackson,  should  be  designated  and  known.  It  is  remark- 
able, that  when  this  attitude  and  name  was  assumed  by 
the  national  republican  party,  the  anti-masonic  party  in- 
stantly disbanded.  They  seemed,  as  if  by  magic,  in  one 
moment  annihilated.  That  unbending,  and  as  they  were 
called,  proscribing  party,  comprising  many  thousands  of 
electors,  among  whom  were  great  numbers  of  men  of  high 
character  for  talents  and  standing,  and  distinguished  for 
their  piety  and  sacred  regard  to  the  dictates  of  conscience, 
who  had  repeatedly  most  solemnly  declared,  they  would 
never  vote  for  an  adhering  mason  for  any  office  whatever 
in  one  day,  ceased  to  utter  a  word  against  masonry,  assum- 
ed the  name  and  title  of  whigs,  and  as  it  were,  in  an  in- 
stfint  amalgamated  into  one  mass  with  national  republicans, 
a  party  composed  as  well  of  masons  as  of  other  citizens. 
This  seems  to  me,   a  high  evidence  of  the  community  of 


440  POI-ITiCAL  HISTORY  [1834. 

feeling  which  existed  among  tho  members  of  the  anti-ma- 
sonic party  ;  and  that  what  is  called  the  discipline  of  party 
was,  by  no  means,  confined  to  the  democratic  party  in  the 
state  of  New-York.  It  may,  however,  be  said  and  it 
ou'^ht  to  be  stated,  because  it  is  true,  that  the  institution 
of  masonry  had,  in  point  of  fact,  ceased  to  exist,  and 
therefore,  that  the  anti-masons  had  accomplished  the  ob- 
ject they  originally  had  in  view,  which  was  the  destruc- 
tion of  masonry.  But  then  it  is  equally  true,  that  mason- 
ry was  as  effectually  demolished  in  November,  1832,  as 
in  February,  1834. 

Early  in  the  session  of  1834,  a  resolution  was  moved 
in  the  assembly  by  a  democratic  member,  approving  of  the 
removal  of  the  deposits,  which  passed  that  house  by  a 
large  majority.  In  the  senate,  the  resolution  was  discus- 
sed with  much  spirit  and  opposed  with  great  ability  by 
Mr.  Seward  and  other  whig  senators,  but  advocated  by 
Messrs.  Dodge,  Edmonds,  Suydam  and  others.  It  was 
finally  adopted  by  the  strong  vote  of  twenty-three  to  five. 
I  observe  that  Mr.  Lynde,  who  had  been  elected  by  the 
anti-masons  and  national  republicans,  on  this  occasion 
voted  with  the  majority. 

At  Washington,  the  action  of  the  president  on  tJiis  then 
all  absorbing  question,  was  the  subject  of  much  and  severe 
animadversion.  On  this  occasion  Mr.  Tallmadge  came 
out  strongly  in  support  of  the  president,  and  made  an 
elaborate  and  able  speech,  in  which  he  strongly  contended 
that  congress  had  no  power  to  charter  a  bank,  and  of 
course  that  the  law  incorporating  the  existing  bank  was 
unconstitutional. 

Such  was  the  pressure  produced  by  the  action  of  the 
United  States  bank,  that  the  New-York  banks  became 
seriously  apprehensive  that  they  should  be  compelled^ 
suspend  specie  payment  unless  they  could  obtain  some 
extrinsic  aid.      They  represented  their  condition  to  the 


J  834.]  OF   NEW-YORK.  441 

governor,  who  on  the  22nd  of  March,  sent  a  message  to 
the  legislature  recommending  a  loan  of  the  credit  of  the 
state  to  the  banks,  in  the  shape  of  state  stocks,  to  the 
amount  of  five  or  six  millions  of  dollars,  if  the  exigency 
of  the  banks  should  require  such  aid. 

The  legislature  acted  very  promptly  upon  this  recom- 
mendation and  passed  an  act  substantially  in  pursuance  of 
the  suggestion  of  the  governor.  But  the  bank  of  the 
United  States  perceiving  that  the  New-York  banks  sus- 
tained as  they  now  were  by  the  credit  of  the  state,  could 
not  be  compelled  to  suspend  the  payment  of  their  notes 
hi  specie,  but  on  the  contrary  would  be  able  to  extend 
their  loans  for  the  relief  of  the  commercial  community, 
or  from  some  other  cause,  soon  after  changed  its  course, 
and  instead  of  curtailing  began  to  extend  its  loans  and  in- 
crease its  issues.  The  New-York  banks  therefore  did  not 
call  on  the  state  for  any  aid,  and  the  state  law  was  per- 
mitted to  expire  without  any  action  being  had  under  it. 

An  attempt  was  made  by  the  whigs  to  render  the  go- 
vernor unpopular  for  recommending  this  measure,  which 
was  stigmatized  as  a  mortgage  of  the  {)roperty  of  the 
people  of  the  state,  for  the  benefit  of  moneyed  corporations, 
but  it  does  not  appear  that  these  efforts  had  any  injurious 
effect  on  his  political  character  and  standing.  Indeed  I 
am  inclined  to  think,  that  at  the  present  day  his  conduct 
in  relation  to  this  matter  is  approved  of  by  all  parties  and 
especially  by  the  whigs. 

The  result  of  the  corporation  election  in  New- York  show- 
ed that  the  pressure  upon  the  money  marked,  to  whatever 
cause  it  was  owing,  had  produced  some  effect  in  that  city 
adverse  to  the  democratic  party.  Mi .  Lawrence,  person- 
ally a  very  popular  man,  who  was  the  democratic  candi- 
date for  mayor,  obtained  only  two  hundred  and  thirteen 
majority  over  Mr.  Verplanck,  the  whig  candidate.  Here 
then  a  majority  of  five  thousand  in  the  city  of  New-York 


442  POLITICAL  HISTORY.  [1834. 

was,  in  a  very  short  period  of  time,   reduced  to   the   bald 
majority  of  two  hundred  and  thirteen. 

The  legislature  adjourned  on  the  29th  April. 

The  whigs  held  a  state  convention  and  put  in  nomina- 
tion William  H.  Seward  for  governor,  and  Silas  M.  Slil- 
wcll  for  lieutenant  governor.  It  will  be  recollected  that 
?.Ir.  Siiivvell  liad  been  for  several  years  before  the  year 
ISUl,  one  of  the  democratic  meuibers  of  assembly  from 
the  city  of  New-York.  I  believe  during  the  last  session 
of  the  legislature  of  which  he  was  a  member,  he  dis- 
covered some  symptoms  of  dissatisfaction  with  the  party 
with  which  he  professed  to  act,  and  when  the  removal  of 
the  United  States  deposits  by  the  president  was  announced, 
or  soon  afterwards,  he  declared  himself  a  whig.  Mr. 
Seward,  though  a  young  man,  had  by  this  time  acquired  so 
high  a  reputation  for  his  talents  and  political  tact  that,  as 
it  was  concluded  not  again  to  bring  Mr.  Granger  into  the 
field,  his  selection  as  the  whig  gubernatorial  candidate 
was  a  matter  of  general  consent. 

The  Herkimer  convention  met  on  the  10th  of  Septem- 
ber and  nominated  Marcy  and  Tracy  for  a  re-election 
w^ith  only  two  dissenting  voices. 

Notwithstanding  the  complaints  on  account  of  the  re- 
moval of  the  deposits,  the  panic  produced  by  the  money 
pressure,  and  the  amalgamation  of  the  anti-masonic  with 
the  national  republican  party,  the  annual  election  in  No- 
vember, resulted  in  a  complete  triumph  of  the  democratic 
party.  Marcy  and  Tracy  were  elected  by  a  majority  of 
about  eleven  thousand,  and  seven  of  the  eight  senatorial 
districts  chose  democratic  senators. 

The  persons  elected  were  : 

From  the  First  District,  Coe  S.  Downing, 
"  Second  do.,     John  P.  Jones, 

"  Third     do.,     Abraham  L.  Lawyer. 


1835.]  OF  XEw-voRK.  443 

From  the  Fourth  District,  Samuel  Young,  and 

Jabez  Willes, 
"  Fifth  do.,       Abijah  Beckwith, 

"  Sixth  do.,       Levi  Beardslcy, 

"  Seventh     do.,       Chester  Looniis, 

"  Eighth        do.,       Is;uic  Lacy. 

In  December,  Simeon  De  Witt,  surveyor  general  of  the 
state,  at  an  advanced  age,  departed  this  life.  lie  had 
held  the  office  of  surveyor  general  uninteruptedly  for  the 
space  of  fifty  years.  His  merits  as  a  citizen,  a  philanhtro- 
pist,  a  friend  and  patron  of  the  arts  and  sciences,  and  as 
an  able  and  faithful  public  officer,  I  need  not  mention. 
They  are  known  and  universally  acknowledged.  What 
is  most  singular,  and  what  indeed  is  the  highest  evidence 
of  his  personal  worth  and  oiiicial  merit,  is  that,  although 
he  always  openly  and  frankly  avowed  his  political  opinions, 
and  although  he  frequently  belonged  to  the  party  which 
was  in  the  minority,  no  party,  during  the  lapse  of  half  a 
century,  ventured  to  remove  him. 

January  6,  1835. — The  legislature  convened  on  the  day 
fixed  by  law.  Charles  Humphrey,  of  Ithaca,  having,  at 
a  caucus  held  the  preceding  evening,  been  regularly  nomi- 
nated for  speaker  of  the  assembly,  was  duly  elected. 
Mark  H.  Sibley,  the  successor  of  Mr.  Granger  and  Mr. 
Spencer,  from  the  county  of  Ontario,  was  the  whig  can- 
didate, and  received  thirty-one  votes — Mr.  Humphrey  re- 
ceived ninety-one. 

The  governor,  in  his  message,  reviewed  the  conduct  of 
the  United  States  bank,  and  gave  a  history  of  the  proceed- 
ings under  the  act  passed  at  the  last  session  for  loaning 
the  credit  of  the  state  to  the  banks,  or  rather  gave  a  his- 
tory showing  that  no  proceedings  had  been  had  under  it. 
He  recommended  provisions  for  an  enlargement  of  the 
Erie  canal,  and  he  advised  the  suppression  of  the  circula- 
tion of  all  notes  under  the  denomination  of  five  dollars. 


444 


POLITiC-AL  HISTORY 


[1835. 


He  concluded  his  message  with  a  very  handsome  eulogy 
upon  the  character  and  services  of  the  late  surveyor  gen- 
eral. 

Soon  after  the  commencement  of  the  session  a  bill  was 
passed  in  the  senate  in  pursuance  of  the  recommendation 
of  the  governor,  for  the  gradual  suppression  of  bank  notes 
under  live  dollars.  The  adoption  of  this  measure  seems 
to  have  been  by  general  consent.  On  the  final  passage  of 
the  bill  there  were  only  tv/o  noes,  Mr.  Kemble  and  Mr. 
Halsey,  both  gentlemen  then  being  members  of  the  demo- 
cratic party.  The  bill  also  passed  the  assembly  with  great 
unanimity,  only  nine  members  voting  against  it. 

Mr.  Samuel  Young,  with  whom,  the  reader  of  these 
sketches  is  by  this  time  pretty  well  acquainted,  again  ap- 
peared in  the  senate  as  a  representative  from  the  fourth 
district.  He  was  now  a  warm  and  ardent  supporter  of 
the  administration,  and  on  the  second  business  day  of  the 
session,  moved  the  adoption  of  the  following  resolution  : 

"  Rcsohcd,  (the  assembly  concurring  herein,)  That  the 
senators  from  this  stale  in  the  congress  of  the  United 
States,  be,  and  they  are  hereby  instructed  to  use  their  best 
elForts  to  cause  to  be  expunged  from  the  journals  of  the 
senate  of  the  United  States,  the  resolution  of  the  28th 
March,  1834,  declaring  'That  the  president  in  the  late 
executive  proceedings  in  relation  to  the  public  revenue, 
has  assumed  upon  himself  authority  and  power  not  con- 
ferred by  the  constitution  and  laws,  but  in  derogation  of 
both.' " 

It  iiad  been  recommended  by  the  state  of  New  Jersey, 
that  a  national  convention  should  be  holden  on  the  20th 
of  May  lor  the  nomination  of  president  and  vice  presi- 
jent.  New-York  of  course  promptly  concurred  in  the 
recommendation.  A  state  convention  was  gotten  up,  and 
forty-two  delegates  were  chosen  to  represent  New-York 
m  the  grand  convention  at  Baltimore.     While  on  this  sub- 


1835.]  OF  NEW-YORK.  445 

ject,  it  may  be  well  to  state  that  the  convention  met  at 
Baltimore,  as  had  been  anticipated  ;  that  the  states  were 
generally  represented,  and  that  Mr.  Van  Buren  received 
the  vote  of  every  individual  ;  a  result  highly  creditable  to 
him  and  gratifying  to  his  friends.  In  the  selection  of  a 
candidate  for  the  vice  presidency,  there  was  some  diversity 
of  opinion.  Mr.  Rives,  of  Virginia,  had  eighty-seven 
votes,  but  Col.  Johnson,  of  Kentucky,  received  one  hun- 
dred and  seventy-eight  votes,  and  was  declared  duly  no- 
minated. 

Chief  Justice  Marshall  died  this  year,  and  soon  after- 
wards the  president  appointed  R.  B.  Taney,  the  late  at- 
torney general,  chief  justice  of  the  supreme  court  of  the 
United  States. 

A  bill  was  brought  into  the  assembly  for  constructing 
the  Black  River  canal,  and  passed  that  house  by  a  majo 
rity  of  twenty-one  votes,  but  it  was  indefinitely  postponed 
in  the  senate  by  a  vote  of  twenty-two  against  it.  A  bill 
for  the  construction  of  the  Genesee  and  Olean  canal  ori- 
ginated in  the  senate,  but  it  shared  the  same  fate  as  the 
Black  River  canal,  by  about  the  same  vote.  But  not- 
withstanding these-  cautious  movements  on  the  part  of  the 
senate,  that  same  body  of  men  concurred  with  the  assem- 
bly, during  this  session,  in  the  passage  of  a  law  involving 
the  state  in  a  vastly  greater  expenditure  of  money  than 
could  have  been  incurred  by  the  construction  of  the  Black 
river  and  Genesee  valley  canals.  With  very  little  discus- 
sion, and  without  causing  the  subject  to  be  brought  before 
the  people  at  all  for  their  consideration,  they  passed  a  law 
with  the  modest  and  almost  unmeaning  title  of  "An  act 
in  relation  to  the  Erie  canal,"  the  first  section  of  which 
•was  in  the  following  words  :  "  The  canal  commissioners 
are  hereby  authorised  and  directed  to  enlarge  and  improve 
the  Erie  canal  and  construct  a  double  set  of  lift  locks 
therein,  as  soon  as  the  canal  board  may  be  of  opinion  that 


446  POLITICAL  HISTORY  [1835. 

the  public  interest  requires  such  improvement." — [Session 
Laws  of  1835,7).  314.] 

Under  the  authority  of  this  brief  sentence,  the  canal 
board  commenced  an  undertaking,  which  the  governor  in 
his  next  annual  message,  informed  the  legislature  would 
ccist  twelve  millions  of  dollars,  but  which  it  is  now  ascer- 
tained wnll  required  an  expenditure,  before  it  is  completed, 

of  from    TWENTY  to    TWEXTY-FIVE  MILLIONS   OF    DOLLARS. 

It  is  true,  there  were  provisions  in  the  bill  which  required 
that  the  cost  of  this  great  v/ork  should  be  paid  out  of  the 
monej's  belonging  to  the  Erie  and  Champlain  canal  funds; 
and  that  no  very  great  advances  should  be  made  until  the 
canal  debt  was  paid  off ;  that  only  the  income  arising  from 
those  canals  was  to  be  expended  ;  and  that  out  of  that 
should  be  reserved  for  the  current  exj)cnses  of  the  state, 
the  sum  of  three  hundred  thousand  dollars  annually.  It 
was,  notwithstanding,  a  mortgage  of  the  principal  part  of 
the  tolls  of  the  Erie  and  Champlain  canals  for  an  indefi- 
nite period  of  time.  The  citizens  of  this  state,  who  were 
in  life  from  the  year  1815  to  1818,  and  recollect  with 
w'hat  painful  apprehension  and  extreme  reluctance  the 
people  consented  that  their  agents  should  render  them 
liable  to  pay  the  expense  of  constructing  the  Erie  and 
C'hamplain  canals,  then  estimated  at  from  five  to  six  mil- 
lions of  dollars,  could  not,  and  can  not,  but  be  astonished 
that  the  act  for  widening  the  canal,  involving  such  im- 
mense expenditures,  should  have  been  passed  by  a  leg's- 
lalurc  with  so  little  ceremon3\  and  without  consulting 
their  constituents.  The  times  had  changed,  and  men  had 
changed  with  them.  Neither  individual  liabilities  nor 
public  debts  were  dreaded  now  as  then.  But  the  passage 
of  this  law  proves  another  position,  which  I  have  some 
where  laid  down,  to  wit :  the  great  influence  in  the  legis- 
lation of  the  state  of  New-York  possessed  by  the  repre- 


1835,^  OP  NEW- YORK.  447 

sentation  from  the  valley  of  the  Erie  canal.  This  was  not 
a  party  measure. 

The  anticipation  of  the  annihilation  of  the  United  States 
bank,  which  was  entertained  by  all  after  the  veto  of  the 
president  of  the  bill  renewing  its  charter,  induced  the 
most  cautious  statesmen  to  believe  that  the  bank  capital  in 
the  several  states  might  be  safely  increased  ;  and  the  eager- 
ness for  possessing  bank  stock,  produced  at  the  next  ses- 
sion of  the  legislature  after  the  veto,  and  at  every  suc- 
ceeding session,  numerous  and  pressing  applications  for 
bank  charters.  An  investment  in  bank  stock  was  exceed- 
ingly productive,  when  the  United  States  bank  was  in  full 
operation  and  the  governmental  deposits  were  made  in 
that  bank.  What  then  must  be  the  value  of  stock  when 
the  national  deposits  were  transferred  to  the  state  banks; 
and  when  the  United  States  Bank  should  cease  to  exist  in 
those  states  where,  as  in  the  state  of  New-York,  a  mono- 
poly of  banking  was,  by  the  restraining  law,  secured  to 
chartered  banks  1 

The  dominant  party  in  the  legislature  perceived  this 
anxiety,  and  they  also  perceived  that  a  political  advan- 
tage might  be  derived  from  it.  To  effect  this  they  were 
careful  in  every  charter  which  they  granted  in  the  selec- 
tion of  commissioners  to  distribute  the  stock,  that  a  ma- 
jority of  them  should  belong  to  the  democratic  party. 
These  commissioners,  in  the  execution  of  their  trust, 
generally  distributed  a  large  majority  in  amount  of  the 
stock  among  their  polilical  friends.  Provisions  wove 
made  by  the  legislature  which  ostensibly  secured,  or  were 
intended  to  secure  a  fair  distribution,  but  these  provisions 
could  be  evaded  with  great  facility,  and  in  point  of  fact 
generally  were  evaded. 

It  is  easy  to  see  that  such  a  state  of  things  must  have 
produced  a  great  and  almost  irrisistable  pressure  for  the 
grant   of  new  bank  charters    on  the   legislature.      The 


448  POLITICAL    HISTORY.  [1835 

members  themselves  sometimes  participated  in  the  benefits 
growing  out  of  charters  created  by  their  own  votes.  All 
Sood  men  of  the  democratic  party  saw  and  deplored  that 
these  practices  not  only  tended  to  produce  well  founded 
distrust  in  the  purity  of  the  legislature,  but  to  corrupt  the 
very  source  of  power,  the  people  themselves.  Governor 
jMarcy  perceived  and  felt  most  deeply  the  evils  which 
were  multiplying  and  must  result  from  the  system,  and  in 
one  or  more  of  his  messages,  suggested  what  he  deemed 
a  probable  remedy,  although  he  seemed  himself  to  be 
sensible  that  the  remedies  he  proposed  would  not,  with 
certainty,  be  successful.  But  nothing  effectual  was  done, 
and,  as  was  natural,  the  evil  continued  to  increase.  If  ten 
banks  were  chartered  at  one  session,  twenty  must  be  char- 
tered the  next,  and  thirty  the  next.  The  cormorants 
could  never  be  gorged.  U  at  one  session  you  bought  off 
a  pack  of  greedy  loddy  agents,  like  the  Goths  and  Van- 
dals of  whom  the  Romans  attempted  to  purchase  peace, 
they  returned  with  increased  numbers  and  more  voracious 
appetite. 

It  seems  to  me,  although  there  are  a  great  many  who 
doubted  the  correctness  of  the  position,  that  the  only  true 
remedy  was  to  render  banking  free  ;  or,  in  other  words, 
substantially  to  repeal  the  restraining  law,  and  thus  open 
to  competition  the  business  of  banking. 

Mr.  John  B.  Yates,  a  talented  democratic  member  of 
the  assembly,  and  a  brother  of  Gov.  Yates,  entertaining 
the  same  views,  introduced  a  bill  for  the  repeal  of  the  re- 
straining law,  which  he  supported  by  an  elaborate  and  able 
speech.  Col.  Young,  of  the  senate,  also  very  early  inti- 
mated an  opinion  in  favor  of  removing  the  restrictions 
against  banking.  But  so  strong  was  the  feeling  in  the 
legislature  in  favor  of  confining  the  business  of  banking 
to  chartered  companies,  that  the  efforts  of  these  gentle- 
•ji'iii  were  entirely  unsuccessful. 


1835.]  OF    NEW-YORK.  449 

The  abuse  of  banking  priv^ilcges  and  other  chartered 
rights,  and  the  influence  of  banks  and  other  incorporated 
moneyed  institutions  in  the  legislature  and  anrione  tiic 
people,  alarmed  a  portion  of  the  thinking  and  reflecting 
citizens  of  New- York,  and  many  of  them  became  opposed 
to  the  practice  of  granting,  by  legislative  enactment,  any 
exclusive  privileges  to  any  class  of  citizens.  These  feel- 
ings and  views  called  into  existence  a  political  party  who, 
styled  themselves  the  equal  rights  party,  but  whom  their 
opponents  characterized  by  the  name  of  the  loco-focos. 
A  brief  account  of  the  rise,  progress  and  final  amalgama- 
tion of  this  party  with  the  democratic  party  of  the  state 
and  nation,  will  be  found  in'  the  next  Chapter. 

At  this  period,  all  branches  of  business  indicated  a  state 
of  unexampled  national  prosperity.  American  credit  was 
high  in  every  commercial  country  in  the  world.  The  pro- 
ducts of  agriculture  commanded  an  exhorbitant  price;  the 
laborer  was  richly  rewarded  for  his  toil.  Lands,  both  un- 
cultivated and  improved,  suddenly  rose  in  value,  and  mo- 
ney was  abundant.  The  amount  of  bank  notes  in  circu- 
lation was  increased  in  consequence  of  the  liberal  loans 
made  to  merchants  snd  speculators  by  the  deposit  banks. 
In  this  state  of  things,  the  propensity  for  speculation  be- 
came general,  and  the  practice  was  soon  carried  to  an  un- 
precedented and  alarming  extent — an  extent  which,  in  its 
consequences,  seriously  embarrassed  the  industrious  part 
of  community,  and  resulted  in  the  ruin  of  thousands.  Not- 
withstanding the  immense  amount  of  bank  paper  in  circu- 
lation, loud  complaints  were  made  on  account  of  the  want 
of  greater  facilities  in  borrowing  money.  It  was  alleged 
that  more  banking  capital  was  required,  and  on  the  as- 
sumption that  such  was  the  fact,  numerous  applications  to 
the  legislature  for  bank  charters  were  announced.  Gov. 
Marcy,  with  a  view  to  exhibit  the  true  cause  of  a  supposed 

want  of  banking  capital,  and  to  warn  the  public  against 

Cc 


450  POLITICAL    HISTORY  [1S35. 

indulging  a  passion  for  wild  and  reckless  spec  nlations,  in  his 
annual  message  to  the  legislature  in  1836,  remarked  that, 
"There  can  be  no  mistake  as  to  the  fact,  and  it  should  not 
pass  unnoticed,  that  an  unregulated  spirit  of  speculation 
has,  within  the  last  year,  prevailed  to  an  unprecedented  ex- 
tent. Our  citizens,  who  tove  been  influenced  by  this  sj)i- 
rit,  have  not  confined  their  operations  to  objects  within  our 
own  state.  They  have  made  large  investments  in  other 
sections  of  the  union.  These  operations  have  required 
something  more  than  the  use  of  our  circulating  credits. 
The  amount  of  capital  that  has  thus  been  transferred  from 
this  state  to  others,  cannot  be  ascertained  with  any  degree 
of  accuracy,  but  it  must  be  very  great.  These  transac- 
tions, large  as  they  have  been,  bear  no  comparision  to  the 
enormous  speculations  in  stocks  and  in  real  property  with- 
in our  own  state. 

"  The  vacant  lands  in  and  about  several  of  our  cities 
and  villages  have  risen,  in  many  instances,  several  hun- 
dred per  cent,  and  large  quantities  of  them  have  been  sold 
at  prices  which  seem  to  me  to  have  been  p'-0(hiced  morr 
by  the  competition  of  speculation,  than  any  real  demand 
resulting  from  the  increase  of  our  population  and  actual 
prosperity.  That  the  sudden  rise  in  the  price  of  these 
lands  is  ascribed  to  the  true  cause,  is  evident  from  the  con- 
ceded fact,  that  most  of  them  have  been  purchased,  not 
for  the  purpose  of  being  occupied  by  the  buyers,  but  to 
be  again  put  in  market  and  sold  at  still  higher  prices.  No 
estimate  can  be  made  of  the  amount  of  these  transactions; 
but  a  conjecture  may  be  formed  as  to  the  extent  of  the 
sales,  from  the  fact  that  a  single  auctioneer  in  the  city  of 
New-York  sold  real  estate  during  the  year  ending  on  the 
30ih  September  last,  to  the  amount  of  more  than  twenty 
millions  of  dollars  ;  and  the  character  of  these  sales  is 
Indicated  by  the  further  fact  that  about  eleven  millions  o) 
this  property  was  sold  on  a  bid  made  by  or  for  the  own- 


iSJL.J  OK    NEWVCRK.  451 

ers.  It  is  proper  that  I  should  remark,  that  the  specula- 
tions in  real  property  in  this  state  have  not  been  confined 
to  city  and  village  lots,  but  have  extended  to  farms  and 
v.'ild  lands, 

"  I  presume  it  will  not  be  denied  that  a  very  considerable 
portion  of  capital  has  been  devoted  to  these  speculations 
in  land  and  stocks.  I  have  deemed  it  necessary  to  allude 
to  these  transactions  with  a  view  to  lay  open  the  true 
causes  of  the  alleged  deficiency  of  capital  to  subserve  the 
purposes  of  commerce,  manufactures,  and  the  other  pur- 
suits of  the  productive  classes  of  our  fellow  citijccns, 
deeming  it  very  important  that  these  causes  should  be  well 
considered  before  you  attempt  to  apply  a  remedy,  partic- 
ularly such  a  remedy  as  is  asked  for — an  unexampled  ex- 
tension of  our  credit  system. 

"  It  cannot,  I  think,  be  denied  thait  a  large  amount  of 
capital  has  been  sent  out  of  the  state  to  subserve  the  pur- 
poses of  foreign  speculations.  This  is  undoubtedly  one 
cause  of  the  want  of  sufficient  capital  to  transact  our  or- 
dinary business.  It  is  not  less  true,  I  apprehend,  that  the 
existing  banks  have,  to  some  extent  at  least,  lessened  their 
ability  to  accommodate  persons  employed  in  regular  busi- 
ness pursuits,  by  affording  assistance  to  those  who  are  em- 
barked in  these  speculations.  This  is  another  cause  of 
the  present  want  of  banking  facilities.  But  the  main 
cause  of  this  want,  which  now  presses  so  severely  on  our 
fellow-citizens,  is  less  obvious,  but  not  the  less  entitled 
to  your  consideration.  The  passion  for  speculation  pre- 
vails to  an  extent  heretofore  unknown,  not  only  among 
capitalists,  but  among  merchants  and  traders.  The  funds 
of  these  capitalists  have  been  withdrawn  to  some  extent 
from  sifuations  in  which  they  afforded  accommodations  to 
business  men,  and  they  have  consequently  been  obliged  to 
press  upon  the  banks  to  supply  this  deficiency  in  their 
means.     Merchants  and  others  have  abstracted  from  their 


452  POLITICAL     HISTORY  [1835. 

business  a  portion  of  their  capital,  and  devoted  it  to 
speculations  in  stocks  and  lands,  and  have  tlien  resorted 
to  the  banks  for  increased  accommodations.  To  these 
causes  I  ascribe  most  of  the  embarrassment  now  felt  for 
the  want  of  sufficient  bank  facilities  to  conduct  success- 
fully our  ordinary  business  concerns.  The  proposed  re- 
medy, judging  from  the  applications,  is  to  double  the  pre- 
sent number  of  banks,  and  nearly  to  treble  the  amount  of 
banking  capital.  Before  you  apply  this  remedy,  in  whole 
or  in  part,  you  ought  to  be  well  satisfied  that  it  will  re- 
move the  difficulty,  and  that  the  use  of  it  will  not  leave 
us  in  a  worse  condition  than  we  are  at  present.  If  the 
passion  for  speculation  has  engrossed  the  pecuniary  re- 
sources of  the  state  to  such  an  extent  as  to  interfere  with 
the  strong  claims  that  commerce  and  trade  have  upon 
them,  is  it  not  to  be  apprehended  that  it  will  appropriate 
to  itself  a  large  portion  of  any  additional  accommodations 
you  may  provide  for  these  and  other  branches  of  business? 
If  I  rightly  apprehend  its  character,  it  will  not  be  likely 
to  abate  while  it  can  find  means  for  its  gratification.  I 
am  well  aware  that  this  spirit  of  speculation  cannot  be 
restrained  by  direct  legislation;  but  you  should  be  careful 
to  avoid  encouraging  or  sustaining  it  even  incidentally  by 
any  measures  you  may  deem  it  expedient  to  adopt  for  the 
purpose  of  repairing  the  injuries  it  has  done  to  the  busi- 
ness concerns  of  the  state." 

This  eloquent  and  powerful  appeal  of  Gov.  Marcy  to 
the  legislature  produced  no  effect.  His  assertion,  that 
'^a/i  unregulated  spirit  of  speculation  ^xevz\\Q^y''  was  an- 
imadverted upon  with  severity,  mingled  with  personal 
abuse.  It  would  have  been  fortunate  for  the  community, 
and  more  especially  beneficial  to  those  men  who  felt  them- 
selves implicated,  and  were  offended  at  this  declaration, 
had  they  listened  to  the  warning  voice  of  the  governor, 
instead  of  treating  it  with  contumely. 


1835.]  OF     NEW- YORK.  453 

It  affords  great  relief  to  the  patriotic  and  benevolent 
mind,  m  tracing  the  history  of  the  proceedings  of  this 
legislature  in  their  winter  session,  to  perceive  that  they 
did  not  become  so  deluded  by  the  airy  visions  and  specu- 
lating mania  of  the  day,  as  to  lose  sight  of  their  duty  to 
provide  the  means  for  diffusing  intelligence  among  the 
rising  generation,  and  of  impressing  upon  their  minds  vir- 
tuous and  patriotic  principles.  They  passed  an  act  for 
the  establishment  of  a  library  in  every  school  district  in 
th'C  state.  The  plan  contemplated  by  the  act  has  been 
improved  by  subsequent  legislation,  so  that  the  system 
may  now  be  considered  as  in  a  great  degree  perfected.  It 
has  not  existed  a  sufficient  length  of  time  to  convince  all 
men  of  its  value;  nor  has  it  yet  ripened  so  as  to  produce 
those  rich  fruits,  which  will  undoubtedly  be  eventually  real- 
ized. It  carries  the  recorded  wisdom  and  knowledge, 
both  of  the  ancients  and  moderns,  into  every  n^ghborhood 
in  the  state;  and  by  it,  the  poorest  and  most  destitute 
child,  to  whom  God  has  given  the  faculty  to  perceive  the 
value  and  relish  the  pleasures  of  science,  finds  at  his  own 
door  a  mine,  containing  treasures  of  which  he  may  partake 
as  freely  as  of  the  air  he  breathes.  But  even  this  bill  met 
with  opposition  in  the  senate.  It  gives  me  great  pleasure 
to  add,  that  my  old  and  valued  friend,  Levi  Beardsley, 
supported  it  ably  and  zealously;  and  it  is  more  than  pro- 
bable that  the  bill  would  have  been  rejected,  had  it  not 
been  for  the  influence  and  efforts  in  its  favor  of  Colonel 
Young  and  Mr.  Beardsley.* 

*  At  the  time  when  this  bill  was  before  the  senate,  I  was  informed  by  Mr. 
Beardsley,  that  James  Wadsworth,  of  Geneseo,  was  in  Albany  and  took  a  deep 
interest  in  its  fate.  Mr.  Beardsley  intimated  ;*n  opiuiun  that  its  passage  was  in  a 
great  measure  owing  to  his  exertions  and  influence.  Mr.  Wadsworth  has  never, 
to  my  recollection,  been  a  member  of  the  legislature  of  this  state,  nor  has  he 
scarcely  been  known  as  a  politician;  but  his  benevolent  efforts  for  the  substan- 
tial good  of  community  have,  by  means  of  his  unwearied  perseverance,  his  talents 
and  great  wealth,  been  widely  extended  and  eminently  successful.  To  diffuse  a 
geaeral  knowledge  of  the  art  by  which  human  life  is  sustained — the  art  or  science 


i54  POLITICAL    HISTORY  [1835. 

Early  in  the  session  the  surveyor  generaf's  office,  which 
was  made  vacant  by  the  death  of  the  venerable  Simeon 
De  Witt,  was  conferred  on  Doct.  William  Campbell,  of 
the  county  of  Otsego.  Doct.  Campbell,  though  a  modest 
and  retiring  man,  from  his  science  and  skill  as  a  mathe- 
matician and  from  his  integrity  and  purity  of  character  as 
a  citizen,  was  well  entitled  to  the  office. 

Near  the  close  of  the  session,  Heman  J.  Redfield,  of 
Genesee,  was  appointed  a  canal  commissioner,  but  declin- 
ed to  accept  the  office.  The  governor,  upon  receiving  the 
declension  of  Mr.  Redfield,  during  the  recess  of  the  legis- 
lature, appointed  John  Bowman,  of  Rochester,  in  his 
place,  and  this  appointment  was  afterwards  confirmed  by 
the  legislature.  It  will  be  recollected  that  both  these 
gentlemen  belonged  to  the  famous  corps  of  "  seventeen'^ 
senators  who,  in  1S24,  defeated  the  passage  of  the  electo- 
ral law.  Ttjeir  appointment  in  succession  to  this  impor- 
tant office  is  an  additional  evidence  of  the  pertinacity  of 
the  Crawford  party  in  sustaining  their  old  friends. 

The  November  election  was  not  very  sharply  contesleil 
in  most  of  the  counties  in  the  state.  It  as  usual  resulted 
in  favor  of  the  democratic  party. 

The  following  are  the  names  of  the  senators  chosen: 
From  the  First  District,  Henry  Floyd  Jones, 
"  Second    do.,      Ebenezer  Lounsbury,  and 


John  Hunter, 

(( 

Third 

do., 

James  Powers, 

u 

Fourth 

do.. 

David  Spraker, 

u 

Fifth 

do., 

David  Wager,  and 
Micah  Sterling, 

u 

Sixth 

do., 

George  Huntington, 

of  agriculture— and  to  cultivate,  enlarge,  and  add  to  the  mass  of  mind,  by  ren- 
dering more  perfect  our  common  school  system,  have  been  the  great  objects  to 
which  his  attention  and  labors  have,  for  many  years,  been  directed.  How  much 
more  is  such  a  reputation  to  be  desired,  than  even  the  laurels  which  adorn  the 
brow  of  a  military  conqueror  ?  There  is,  how.'ver,  an  error  in  the  text  as  to  time. 
The  first  bill  pissed  A'"i'  It    I'^'^ 


Iri^h.l 


OK    NEW-YOKK. 


455 


From  the  Sevcntli  District,  John  Beanlsley, 
"  Eighth       do.,       Chauncey  J.  Fox. 

All  of  these  were  elected  on  the  regular  democratic 
ticket,  except  Mr.  Fox  of  the  eighth  district,  who  was  a 
whig. 

In  the  latter  part  of  this  year,  Jacob  Sutherland  resigp- 
ed  his  office  of  judge  of  the  supreme  court,  and  was  ap 
pointed  clerk  of  the  same  court,  to  occupy  the  office  locat- 
ed by  law  at  Geneva.  That  office  had  been  made  vacant 
by  the  death  of  Judge  Williams.  The  vacancy  occasioned 
by  the  resignation  of  Judge  Sutherland,  was  supplied  by 
the  appointment  of  Esek  Cowen,  judge  of  the  fourth  cir- 
cuit, and  John  Willard,  then  first  judge  of  the  county  of 
Washington,  was  made  circuit  judge  in  lieu  of  Judge 
Ccwen.t 

The  legislature  met  on  the  5th  January,  1836,  and 
Charles  Humphrey  was  again  elected  speaker.  He  is  a 
man  of  talents,  and  was  an  excellent  presiding  officer. 

I  have  already  stated,  in  anticipation,  a  material  part  of 
the  governor's  message. 

Not  long  previous  to  this  time,  a  number  of  benevolent 

men  from  this  and  several  other  states  met  at  Philadelphia. 

and  formed  an  association,  the  avowed  object  of  which 

was    to    convince,    by    reason    and  argument,  and    other 

peaceable  means,  the  people  of  the  slave-holding  states, 

that  negro  slavery  was  a  political  and  moral  evil,  and  ought 

to  be  abolished.     They  also  agreetl  to  use  their  influence  for 

etfecting  the  immediate  abolition  of  slavery  in  the  District 

of  Columbia.     To  effect  their  object,  they  recommended 

the  organization  of  auxiliary  societies  in  every  part  of  the 

United  States,  and  employed  and  paid  men  to  travel  from 

one  section  of  the  countiy  to  another,  to  deliver  lectures, 

and  to  endeavor  to  excite  public  attention  to  a  question, 

in  which  they  believed  personal  liberty  and  human  rights 

were    ileeply  concerned.     Many  of  the    gentlemen  who 
+  Sec  Note  J. 


456 


POLITICAL     HISTORY 


riS3G. 


were  members  of  this  association,  were  men  of  grrat  wealth, 
and  by  very  liberal  contribution,  they  raised  a  large  amount 
of  funds,  from  which  lecturers  were  paid,  printing  presses 
established,  and  periodical  papers  and  tracts  were  printed 
and  circulated  through  the  country,  some  of  which  were 
sent  into  the  slave-holding  states.  The  slave-holders  were 
alarmcdj  and  through  their  influence  with  their  northern 
friends,  an  influence  created  and  sustained  by  political, 
ecclesiastical  and  commercial  relations,  a  strong  excite- 
ment was  produced  in  the  eastern,  middle  and  western 
states  against  the  abolitionists.  There  was  another  cir- 
cumstance which  excited  and  increased  the  combination 
against  the  abolitionists.  Mr.  Van  Buren,  a  citizen  of  a 
northern  free  state,  was  a  candidate  for  the  presidency. 
He  and  his  friends  were  well  aware  that  he  could  not  be 
elected  without  the  support  of  the  slave-holding  states. 
He,  therefore,  and  the  political  party  to  which  he  belong- 
ed, in  the  state  of  New-York,  were  anxious  to  convince 
their  southern  friends  that  they,  at  least,  did  not  afford 
any  countenance  to  the  abolitionists.  The  northern  whigs, 
too,  were  anxious  to  increase  their  strength  in  the  south, 
and  with  that  view,  were  desirous  of  convincing  their 
*friends  in  the  slave-holding  states,  that  they  were  as  zeal- 
ous as  tlie  supporters  of  Mr.  Van  Buren  in  their  opposi- 
tion to  the  abolitionists.  Owing  to  these  and  other  causes, 
the  people  became  much  excited,  and  what  happily  is  very 
unusual  in  this  country,  riots  and  mobs  became  frequent. 
It  would  nevertheless  be  unjust  to  entertain  the  belief, 
that  sober  and  reflecting  men  of  either  party  countenanced 
or  encouraged  these  outrages.  Gov.  Marcy,  in  his  mes- 
sage, reviewed  the  course  pursued  by  the  abolitionists,  and 
animadverted  upon  their  conduct,  as  tending  to  produce 
sectional  jealousies  and  to  disturb  the  harmony  of  the  union 
with  great  severity. 


1833.]  OF    NEW- YORK.  457 

On  the  subject  of  internal  improvements,  the  governor 
stated  that  the  general  fund  was  entirely  exhausted;  that 
the  Chenango  canal  would  cost,  instead  of  one  million,  as 
had  been  representeil,  about  two  millions  of  dollars;  that 
the  enlargement  of  the  Erie  canal  would  cost  at  least 
twelve  millions  of  dollars,  and  that  he  protested  against 
pledging  the  state  for  any  further  works  of  internal  im- 
provement, unless  the  legislature  would  provide  some 
specific  means  for  the  payment  of  the  interest  of  the  money 
which  would  be  required  to  be  borrowed.  In  the  face  of 
these  facts,  and  this  solemn  warning,  the  legislature  passed 
laws  during  this  session  for  loaning  to  the  New-York  and 
Erie  railroad  company  three  millions  of  dollars,  and  for 
constructing  the  Black  River  and  Genesee  Valley  canals. 
To  these  measures  the  majority  in  the^  legislature  were 
goaded  on  by  the  whig  newspapers  and  politicians,  who 
charged  them  with  being  governed  by  narrow  views  and  a 
secret  hostility  to  all  internal  improvements.  Against  the 
assumption  of  these  tremendous  liabilities  Col,  Young, 
Mr.  D.  Spraker  and  a  few  other  senators  raised  thei-  voi 
ces  and  some  feeble  efforts  were  made  in  the  assembly  to 
arrest  the  progress  of  these  measures,  but  their  exertions 
were  wholly  "neffectual. 

It  is  due  to  Col.  Young  to  say,  that  from  the  time  he 
took  his  seat  in  the  senate,  in  1S35,  until  the  termination 
of  his  legislative  services,  he  pursued  one  steady  and 
uniform  course  in  respect  to  all  questions  in  relation  to 
expenditures  by  the  slate  for  newly  projected  improve- 
ments. He  uniformly  opposed  all  such  expenditures. 
Col.  Young,  in  his  whole  political  career,  nas  never  tem- 
porized. He,  on  this  subject  as  well  as  on  all  others  upon 
which  it  has  been  his  duty  to  act,  a'«"^wed  his  opinions 
openly,  ann  supported  them  zealously  and  ably.  When 
he  was  elected  a  senator,  in  1834,  and  for  sev<2ral  years 
Bubseqiient   to  that  period,  the  public  min?  \z(^  ^ecome 


458  POLITICAL     HISTORY  [1830. 

fasfinateil  wilh  the  benefits  which  it  was  supposed  might 
be  derived  from  canals  and  railroads,  the  most  extravagant 
notions  were  entertaineil  of  the  means  of  the  state  to  dis- 
charge the  pecuniary  liabilities  it  might  assume,  and  the 
anticipations  of  the  amount  of  income  which  might  be  re- 
alized from  proposed  canals  and  railroads,  was  quite  unsafe 
if  not  visionary.  If  men  did  not  opi'uly  contend  that  "a 
imbrue  debt  was  a  public  blessing,"  they  seemed  at  least  to 
believe  that  an  increase  of  expenditures  for  the  purposes  of 
internal  improvements,  would,  as  a  matter  of  course,  in- 
crease the  wealth  of  the  state.  The  same  views  prevailed 
imong  a  large  majority  of  the  members  of  the  legislature, 
ndismayed  by  this  formidable  array  against  him,  Mr. 
Young  took  his  position  and  maintained  it  with  great  abili- 
ty and  indomitable  firmness. 

During  this  ye'ar  another  vacancy  occurred  on  the  bench 
of  the  supreme  court.  Chief  Justice  Savage  resigned  his 
office.  He  was  a  man  of  great  industry,  sound  mind  and 
stern  integrity.  Judge  Sutherland,  it  will  be  remem- 
bered, had  resigned  but  a  short  time  before,  and  had  been 
appointed  one  of  the  clerks  of  the  supreme  court.  The 
cause  of  his  resignation  was  that  he  had  a  large  family,  and 
the  salary  of  a  judge  was  inadequate  to  defray  his  expen 
ses.  Such  however  was  not  the  cause  of  the  resignation  of 
Judge  Savage.  His  amiable  and  excellent  wife  was  then 
lingering  wilh  a  fatal  disease,  and  he  could  not  refrain  from 
giving  up  his  whole  time  and  attention  to  the  benevolent 
object  of  alleviating  her  sufferings  at  the  closing  period  of 
her  life.  It  was  said  and  generally  believed  that  he  also 
resigned  for  the  purpose  of  receiving  the  appointment  of 
clerk,  but  I  have  been  furnished  with  evidence  the  most 
indubitable  that  no  such  arrangement  was  in  contempla- 
tion at  the  time  of  his  resignation.    \See.J\''ote  G.J 

The  vacancy    produced    by    the    resignation    of  Judge 
Savage  was  supplied  by  the  appointment   of  Greene  C. 


\S3b  I  OJ.     i\E\V-Y()RK.  459 

Bronsoii,  and  Judge  Ni-lsnn  was  appointed  chief  justice, 
an  office  which  he  now  holds.* 

A  law  was  passed  during  this  session,  authorizing  the 
appointment  of  an  aihlitional  canal  commissioner,  and 
William  Baker,  formerly  speaker  of  the  assembly,  was 
appointed  to  that  office. 

Not  long  before  the  adjournment  of  the  legislature, 
Mr.  Kemble  from  the  third,  and  Mr.  Bishop  from  the 
fourth  district,  were  charged  before  the  senate  with  im- 
moral and  fraudulent  speculations  in  stocks,  and  with  be- 
ing concerned  with  one  Bartow,  a  cashier  of  the  Commer- 
cial Bank  at  Albany,  who  had  purloined  a  considerable 
amount  of  the  funds  of  that  institution  and  absconded.  It 
was  also  alleged  that  while  an  act  for  extending  the  time 
for  completing  the  New-York  and  HarlaJia  raih'oad  was 
pending  before  the  senate,  Kemble  agreed  with  Bishop  to 
delay  the  final  passage  of  the  bill  with  a  view  in  the  mean 
time  to  purchase  stock  in  the  concern  at  a  reduced  price  j 
that  Bishop  did  so;  that  Kemble  did  purchase  some  of  the 
stock,  and  that  then  he  and  Bishop  both  voted  for  the 
bill.  Kemble  was  also  charged  with  proposing  to  Mr. 
Benedict,  one  of  the  directors  of  the  Commercial  Bank, 
which  had  applied  to  the  legislature  for  the  privilege  of 
increasing  its  capital,  that  he  would  support  the  applica- 
tion, and  guarantee  its  success,  if  the  directors  of  the  bank 
would  contradict  the  report  that  he  was  concerned  with 
Bartow  in  abstracting  the  funds  of  that  institution.  It 
would  occupy  too  much  space  to  present  even  a  sketch  of 
the  testimony  given  in  support  of  these  charges.  It  must 
suffice  to  say,  that  the  accused  were  heard  by  their  counsel 
at  the  bar  of  the  senate,  one  of  whom  was  Henry  R. 
Storrs,  one  of  the  most,  if  not  the  most,  eloquent  advo- 
cates in  the  state  ;  that  one  ground  taken  by  the  counsel 
was  that  the  senate,  as  a  senate,  could  not  sit  in  judgment 
upon  the  moral  or  official  conduct  of  a  member,  and  that 
*  See  Note  J. 


i60  POLITICAL    HISTORY  [1836 

it  could  only  try  the  accused  on  articles  of  impeachment 
found  and  prosecuted  by  the  assembly,  in  which  case  ^ 
court  for  the  trial  of  impeachment  would  be  formed,  con- 
sisting of  the  chancellor  and  judges  of  the  supreme  court. 
Gen.  Maison,  an  excellent  lawyer  of  Dutchess  county,  and 
eight  others  were  of  this  opinion,  but  eighteen  senators 
were  opposed  to  them.  Mr.  Kemble  finally  resigned  his 
seat  in  the  senate  before  any  question  was  taken. 

A  resolution  was  moved  that  Isaac  W.  Bishop  had  been 
guilty  of  moral  and  official  misconduct,  and  carried  by  a 
vote  of  twenty-one  to  seven  ;  but  several  of  the  senators 
who  voted  for  this  resolution  believed  that  there  were  dif- 
ferent grades  of  offences,  of  which  the  senate  might  take 
cognizance,  if  committed  by  their  fellow  members,  some 
of  which  offences  ought  to  be  punished  by  a  reprimand, 
and  others  by  expulsion  ;  and  they  did  not  consider  the 
malconduct  proved  against  Bishop  of  so  flagrant  a  char 
acter  as  to  merit  expulsion  ;  and  these,  together  witi 
those  who  believed,  with  Gen.  Maison,  that  the  senate 
could  not  sit  in  judgment  on  a  fellow  member,  except  as  a 
component  part  of  a  court  for  the  trial  of  impeachments, 
constituted  a  majority  of  the  senate,  so  that  when  the 
question  was  taken  to  expel  Mr.  Bishop,  there  were  six- 
teen against,  and  but  twelve  in  favor  of  the  motion. 
Mr.  Bishop  shortly  after  resigned  his  seat,  and  the  next 
morning  Col.  Young  and  Mr.  Van  Schaick  also  resigned, 
allegmg  that  they  could  not  consent  to  remain  members 
of  a  body,  a  majority  of  whom  had  determined  that  they 
would  recognize  as  fellow  members  men  whom,  by  their 
votes,  they  had  declared  to  be  guilty  of  moral  and  official 
misconduct. 

James  Madison,  the  able  constitutional  lawyer, and  pro- 
found and  patriotic  American  statesman,  died  on  the  30th 
of  June  on  his  patrimonial  estate  in  Virginia. 


I836.J  OV    NEW- YORK.  46 1 

The  whigs  ilo  not  seem  to  have  entertained  much  hope 
of  success  at  the  approaching  election,  for  instead  of  se- 
lecting one  of  their  strong  men  from  the  west  as  their 
candidate  for  governor,  they  nominated  Jesse  Buel  of  Al- 
bany, the  former  editor  of  the  Albany  Argus,  for  gov 
ernor  ;  and  Gamaliel  H.  Barstow  of  Tioga,  to  whom  the 
attention  of  the  reader  has  been  frequently  called  as  an 
active  member  of  the  legislature,  and  in  1825  as  state 
treasurer,  for  lieutenant  governor.  Neither  of  these  gen- 
tlemen were  anti-masons.  This  measure  was  probably  the 
more  readily  concurred  in  by  the  leading  anti-masons,  as 
they  had  little  hope  of  success,  and  as  it  would  accustom 
their  rank  and  file  men  to  vote  purely  on  political  grounds 
for  candidates  for  office.* 

Mr.  Buel  was  a  very  worthy  citizen,  and  for  several 
years  had  conducted  with  great  ability  and  success  an 
agricultural  periodical  paper  which  was  published  in  Al- 
bany. He  had,  by  his  industry  and  economy,  accumulat- 
ed a  handsome  property,  and  lived  much  at  his  ease,  but 
for  several  years  after  he  gave  up  the  state  printing,  he 
manifested  a  desire  for  political  employment,  and  was 
spoken  of  by  his  friends,  on  several  occasions,  as  a  candi- 
date for  some  of  the  state  offices.  His  claims,  however, 
were  from  time  to  time  postponed,  and  either  from  disgust 
at  repeated  disappointments,  or  from  dissatisfaction  with 
the  measures  of  the  democratic  party,  or  more  probably 
from  both  causes,  he  connected  himself  with  the  whig  party. 

The  democratic  state  convention  met  at  Herkimer  on 
the  14th  of  September,  and  with  great  unanimity  nominat- 
ed, for  re-election,  Marcy  and  Tracy.  They  also  nomi- 
nated a  Van  Buren  electoral  ticket.     The    two    electors, 

*  There  were  two  whig  candidates  for  the  presidency,  Gen.  Harrison  of  Ohio 
and  Judge  White  of  Tennessee.  Judge  White  was  the  favorite  candidate  of  the 
southern  whigs,  but  Gen.  Harrison  was  preferred  by  the  wliigs  of  the  eastern, 
middle  and  non-slaveholding  western  states.  The  whig  convention  in  New-York 
■jomijiated  a  Harrison  electoral  ticlvet. 


462  POLITICAL     HISTORY  [1836. 

denominated   state  electors,  were  Mr.  Lawrence  of  New- 
York,  and  Mr.  McCall  of  Allegany  county. 

The  election  resulted  in  the  entire  success  of  the  demo- 
cratic party.  The  Van  Buren  electoral  ticket  obtained  a 
majority  over  that  for  Gen.  Harrison  of  about  twenty- 
nine  thousand.  Governor  Marcy's  majority  over  Mr. 
Buel  was  twenty-nine  thousand  four  hundred  and  seventy- 
four. 

There  were  elected  to  the  assembly  ninety-four  demo- 
crats and  thirty-four  whigs.     In  the  senate: 

From  the  First  District,  Frederick  A.  Tallmadge, 
"  Second    do.,     Henry  H.  Van  Dyck, 

"  Third      do.,     Noadiah  Johnson, 

"  Fourth    do.,     Samuel  Young, 

"  Fifth        do.,     David  Wager, 

"  Sixth       do.,     Daniel  S.  Dickinson, 

"  Seventh  do.,     Samuel  L.  Edwards, 

"  Eighth     do.,     Samuel  Works. 

Some  symptoms  of  a  division  in  the  democratic  party, 
in  relation  to  banks  and  banking,  was  exhibited  in  several 
parts  of  the  state.  At  Utica,  a  paper  called  the  Utica 
Democrat  had  been  established,  which  took  strong  ground 
against  the  monopoly  of  banking,  and  indeed  seemed  ra- 
ther to  denounce  the  whole  paper  currency  system.  It 
denounced  the  "  Oneida  Observer,"  an  old  and  leading 
democratic  paper  in  the  city  of  Utica,  then  conducted  by 
Jas.  Watson  Williams,  Esq.,  a  young  man  of  fine  talents 
and  son  of  the  late  Judge  Williams,  and  with  it  Mr. 
Wager,  who  was  the  regular  democratic  candidate  for  the 
senate  from  the  fifth  district.  The  Utica  Democrat  was 
said  to  be  vmder  the  control  and  management  of  Mr. 
Fiuyd,  the  present  member  of  congress  from  the  county 
of  Oneida. 

Mr.  Wager,  it  was  said,  was  largely  interested  in  bankS; 
and  ill  ijfinciple  and  feeling  devoted  to  their  interest.     In 


1837.]  OF   NEW-YORK.  463 

consequence  of  these  allegations,  although  the  legitimate 
democratic  majority  was  large  in  the  district,  he  came  very 
near  losing  his  election.  In  some  places  he  received 
very  few  votes,  and  in  one  of  the  largest  and  most  demo- 
cratic towns  in  the  county  of  Otsego,  only  three  votes 
were  cast  for  him.  But  the  most  unexpected  result  hap- 
pened in  the  city  of  New-York,  In  that  city  the  loco- 
focos  and  whigs,  in  relation  to  most  of  the  city  candi 
dates,  voted  the  same  ticket,  and  such  candidates  were 
elected.  A  more  particular  account  of  the  proceedings  in 
New-York  will  be  found  in  the  next  chapter. 

The  state  of  South  Carolina,  still  wandering  in  the 
mazes  of  nullification,  declined  voting  for  president,  as 
neither  of  the  three  presidential  candidates  would  acknow- 
ledge themselves  believers  in  the  peculiar  doctrines  put 
forth  by  Mr.  Calhoun,  the  organ,  if  not  the  leader,  of  that 
state.  There  were,  therefore,  but  two  hundred  and  eighty 
votes  given  for  president,  and  of  these  Mr.  Van  Buren 
received  more  tha'n  forty  majority  over  the  whole  number 
of  votes  given  for  Gen.  Harrison  and  Judije  White. 

Towards  the  close  of  this  year,  Mr.  Hubbell  resigned 
the  office  of  adjutant  general,  and  retired  to  the  village  of 
Ithaca,  in  the  county  of  Tompkins,  where  he  resumed  the 
practice  of  law.  He  afterwards  joined  the  whigs,  and  be- 
came an  active  and  influential  member  of  that  party. 
Whether  he  had  changed  his  political  sentiments  before 
he  resigned,  I  am  not  advised.  The  governor  appointed 
Allen  McDonald,  a  senator  from  Westchester  county,  his 
successor. 

The  appointment  of  Greene  C.  Bronson  to  the  office  of 
justice  of  the  supreme  court,  left  vacant  the  office  of  attor- 
ney general,  and  Samuel  Beardsley,  then  a  distinguished 
member  of  congress,  was  appointed  to  supply  the  ^acancy. 

The  legislature  convened  at  the  usual  time  in  January, 
1837,  and  the  county  of  Tompkins  not  having  returned 


i(31  POLITICAL     HISTORY  [1837. 

Mr.  ITumphrey  as  one  of  tlu'ir  members,  Edwaril  Living- 
ston of  Albany,  was  chosen  speaker.  Eighty  votes  were 
given  for  him,  twenty-seven  for  Luther  Bradish,  and  there 
were  five  seaitering  votes. 

The  governor's  message  was,  as  usual,  able  and  well 
written.  The  only  material  and  novel  suggestion  con- 
tained in  it,  was  a  recommendation  so  to  modify  the  re- 
straining law,  as  to  authorize  individuals  to  receive  depo- 
sits and  make  discounts. 

In  pursuance  of  this  rerommendntion,  a  bill  was  intro 
duced  into  the  senate,  providing  for  that  modification, 
which  passed  both  houses  and  became  a  law.  When  the 
bill  was  before  the  senate,  Mr.  Tracy  offered  as  an  amend- 
ment, a  clause,  which,  if  adopted,  would  have  authorized 
individuals  or  unchartered  companies  to  issue  and  circu- 
late as  bank  notes,  bills  of  any  denomination  not  less  than 
fifty  dollars;  but  only  three  votes,  those  of  Col.  Young, 
INIr.  Lacy  and  the  mover,  were  given  in  support  of  the 
amendment. 

Scarce  had  the  assembly  organized,  when  a  furious  onset 
was  made  on  the  banks  and  their  management  by  Mr.  Ro- 
bertson of  Oswego  county,  and  Mr.  Cutting*  ofNew-York. 
A  resolution  was  moved  to  instruct  the  bank  committee  to 
report  against  all  applications  for  new  hank  charters,  or 
increasing  the  capital  of  banks;  and  although  the  resolu- 
tion was  rejected  by  a  vote  of  seventy  against  fifty,  yet, 
inasmuch  as  there  were  fifty  members  who  declared,  by 
this  vote,  their  opposition  to  increasing  the  number  of 
banks,  it  was  evident  no  bank  charters  could  be  obtained 
from  tliat  legislature.  The  debate  which  followed  this 
resolution,  as  well  as  that  which  took  place  in  the  senate 
on  the  proposition  to  repeal  the  restraining  law,  afforded 
strong  evidence  tliat  the  existing  banking  monopoly  would 
not  continue  long  undisturbed. 

*  To  the  nnmcs  of  these  gentlemen  ought  to  be  ad-Jed  thit  of  P.  Kinj  of  St.  I.nw 


1837.]  OF    NEW-YORK.  465 

Accordingly  a  bill  was  soon  after  brouglU  into  the  sen- 
ate for  "authorizing  associations  for  the  purpose  of  bank- 
ing,'' but  was  lost  by  a  vote  of  sixteen  to  nine,  Messrs. 
Tallmadge,  Tracy,  Sterling,  Livingston,  Young  and  others 
voting  for  it.  A  bill  somewhat  similar  was  before  the 
assembly,  and  was  apparently  supported  to  a  third  reading 
in  that  house  by  a  large  majority,  when  it  was  referred  to 
the  attorney  general,  who  in  effect  vetoed  it  by  declaring 
it  iinconstitutionaL 

Mr,  Wright  was  re-elected  a  senator  o^  the  United 
States  by  the  general  consent  of  his  political  friends,  al- 
though that  consent  was  yielded  reluctantly  by  some  of 
them.  Various  causes,  not  necessary  to  be  mentioned 
here,  produced  that  reluctance.  In  the  senate  he  received 
twenty-six  votes,  and  in  the  assembly  eighty-six.  Mr. 
Keyser  was  again  elected  treasurer  by  about  the  same  vote. 

On  the  Gth  January,  died,  by  a  paralytic  or  apoplectic  at- 
tack, Abraham  Van  Vechtcn,  in  the  seventy-fifth  year  of 
his  age,  long  the  leader  of  the  federal  party  in  Albany, 
and  perhaps  I  may  say  in  the  state.  Of  his  excellent 
character  as  a  citizen  and  distinguished  talents  as  a  lawyer 
I  have  spoken  heretofore. 

Not  long  afterwards,  (in  March)  Gov.  Yates,  of  whom 
I  have  before  spoken  freely  and  fully,  also  died  at  Sche- 
nectady. 

In  pursuance  of  the  provisions  of  the  constitution.  Mr. 
Van  Buren,  on  the  4th  of  March,  assumed  the  executive 
government  of  the  United  States.  His  inaugural  address 
was  well  written  and  well  received.  It  was  modest  with- 
out any  appearance  of  an  affection  of  modesty.  It  was 
respectful  and  conciliatory  to  his  political  opponents  ;  and 
although  he  did  not  specifically  indicate  the  measures  he 
intended  to  pursue,  he  referred  to  responses  he  had  made 
while  a  candidate,  wherein  he  had  given  his  opinion  on 
the  leading  topics  of  political  discussion,  and  the  promi- 

Dd 


4GC  POLITICAL     HISTORY  [1837 

nent  measures  on  which  it  was  believed  the  action  of  the 
general  government  was  required.  No  class  of  politicians 
could  reasonably  complain  of  this  address,  except  the  re- 
marks contained  in  it  in  relation  to  the  abolitionists  and  the 
project  of  emancipating  the  slaves  in  the  District  of  Colum- 
bia. He  speaks  of  the  reckless  disregard  of  the  abolition- 
ists to  the  consequences  of  their  conduct,  as  having  ex- 
posed them  "  to  popular  indignation,"  without  uttering  a 
single  word  in  favor  of  the  majesty  of  the  laws  which 
had  been  violated  by  the  demonstrations  which  had  been 
made  of  the  "  indignation  "  of  the  populace.  And  after 
referring  to  former  assurances  he  had  given,  that  he  ''must 
go  into  the  presidential  chair  as  the  uncompromising  op 
ponent  of  every  attempt  071  the  part  of  congress  to  abolish 
slavery  in  the  District  of  Columbia,  against  the  wishes  ol 
the  slave-holding  slates,"  he  adds,  '*  No  bill  conflicting 
with  these  views  can  ever  receive  my  constitutional  sanc- 
tion." Besides  the  objection  which  the  abolitionists  en- 
tertained in  principle  ngainst  this  declaration,  they  urgjd 
that  the  declaration,  even  if  his  position  was  founded  on 
solid  and  substantial  grounds,  was  impolitic. 

1.  Because  it  was  wholly  uncalled  for,  there  not  being 
the  most  distant  probabihty  that  any  bill  for  the  abolition 
of  slavery  in  the  district  could  pass  either  house  of  con- 
gress during  his  presidency.  Hence  they  inferred  that 
the  president,  for  the  sake  of  conciliating  the  friendship 
and  soothing  the  prejudices  of  the  south,  liad  causelessly 
wounded  the  feehngs  of  many  of  his  northern  friends. 

2.  They  held,  that,  for  the  president  to  give  notice  to 
congress  before  they  should  deliberate  on  any  proposed 
law,  he  would  veto  it  should  they  undertake  to  pass  such 
law,  might  improperly  influence  the  proceedings  of  the 
legislature,  and  that  in  this  view  of  the  question,  the  pre- 
cedent was  a  dangerous  one. 


1837.]  OF    NEW-VORK.  467 

3.  They  held  it  improper  for  the  president,  by  such  n 
solemn  public  semi-official  declaration,  to  commit  himself 
against  all  convictions  of  his  mind  and  conscience  on  a 
great  moral  and  political  question,  in  which  the  rights  of 
humiinity  were  so  deeply  concerned. 

Never  did  a  political  party,  whose  ascendency  depended 
on  the  voice  of  a  free  and  intelligent  people,  seem  more 
firmly  and  permanently  established,  than  the  democratic 
party  in  the  state  of  New-York,  in  the  winter  of  1837. 

In  the  executive  chair  of  the  nation  their  former  leader 
and  favorite  son  was  fixed,  at  least  for  four  years  to  come, 
their  governor,  a  man  confessed  by  his  opponents  to  pos-' 
sess  talents  which  eminently  qualified  him  for  his  station, 
and  a  most  spotless  private  character,  had  been  re-elected 
by  the  unprecedenteil  majority  of  twenty-nine  thousand; 
in  the  popular  branch  of  the  state  government,  nearly  two 
to  one  of  the  members  were  democrats,  and  in  the  senate, 
the  more  permanent  body,  they  held  a  majority  of  more 
than  five  to  one.  In  every  town  and  county  in  the  state, 
the  democratic  party  was  perfect  in  its  organization  and 
discipline,  and  at  that  time  the  moneyed  interest  in  the 
state  was  most  decidedly  in  favor  of  sustaining  both  the 
Ktate  and  national  administration.  Who  would  have  an- 
ticipated its  overthrow  in  less  than  nine  short  months,  and 
its  utter  prostration  (politically)  in  less  than  two  years? 

Early  in  the  spring,  indications  were  perceived  of  a 
money  pressure  of  unexampled  severity,  not  produced 
as  that  of  1834  had  been,  by  the  bank  of  the  United  Slates, 
(for  that  institution  was  now  so  embarrassed  as  to  be 
powerless,)  but  other  and  more  formidable  causes.  The 
great  majority  of  the  people,  especially  thai  portion  of 
them  called  country  people,  had  so  recently  been  con- 
vinced that  the  failures  which  occurred  in  1834,  ami  the 
pani(^which  succeeded  them,  had  been  designedly  pro- 
duced by  the  United  States  Bank,  by  the  sudden  curtail- 


468 


POLITICAL    HISTORY 


[1837. 


raent  of  its  issues  and  the  hurried  and  rigid  measures  it 
adopted  for  the  collection  of  its  debts,  that  it  was  some 
time  before  those  not  initiated  into  the  mysteries  of  bank- 
ing, could  be  induced  to  believe  the  present  alarm  of  the 
bankers  in  New-York  to  be  so  well  founded,  as  experience 
soon  proved  it  really  was.  It  was  not  until  the  failure  of 
the  Josephs,  and  other  great  houses  in  the  commercial 
metropolis,  that  the  panic  became  general  in  the  country. 

In  the  summer  of  1836,  Gen.  Jackson  had,  as  he  and  his 
friends  alleged,  for  the  purpose  of  checking  the  immense 
speculations  in  the  public  lands,  purchased  and  paid  for 
in  bank  notes,  and  at  the  same  time  checking  the  extrava- 
gant issues  of  the  banks,  made  an  order,  that  the  land  of- 
fices should  receive  nothing  but  gold  and  silver,  or  certi- 
ficates of  a  deposit  in  specie  in  the  United  States  treasury, 
in  payment  of  land.  The  rage  for  land  speculation  was 
then  as  great  as  it  had  been  at  any  previous  period,  and 
therefore,  this  order  produced  frequent,  and  sometimes 
large,  drafts  for  specie  on  the  banks.  This  course  not 
only  prevented  the  banks  from  extending  their  line  of  dis- 
count, but  compelled  them  to  commence  calling  in  their 
notes.  I  need  not  add,  that  the  banks  viewed  this  act  of 
General  Jackson  with  disfavor  j  and  that  when  a  customer 
called  on  them  for  a  loan,  or  requested  a  renewal  of  his 
note,  his  claim  was  postponed,  and  he  was  sometimes  told 
that  the  specie  circular  had  rendered  it  impossible  that  he 
should  be  accommodated. 

There  was  another  act  of  the  government  which,  in  its 
consequences,  still  more  seriously  embarrassed  the  opera- 
tions of  the  banks. 

In  the  year  1836,  from  the  great  amount  of  sales  of  land 
and  of  duties  collected  from  large  and  heavy  importations 
of  foreign  goods,  after  paying  off  the  whole  of  the  national 
debt,   including,    perhaps  unwisely,   the    three  per    cent 


Btock,  a  surplus  had  accumulated  in  the  treasury  or  more 


ir  1 


1837.]  OF   NEW- YORK.  469 

than  forty  millions  of  dollars.  This  surplus,  congress,  by 
law,  against  the  wishes  of  Mr.  Van  Buren  antl  his  confi- 
dential friends,  (foreseeing,  as  they  probably  did,  the  em- 
barrassments which  would  result  from  the  proposed  mea- 
sure,) ordered  to  be  distributed  among  the  several  states, 
in  a  ratio  proportioned  to  the  number  of  presidential  elec- 
tors to  which  each  state  was  entitled.  The  banks  had 
supposed,  that  inasmuch  as  no  national  debt  then  existed, 
the  surplus  money  would  remain  in  deposit  with  thera 
until  the  exigencies  of  the  government  should  require  its 
expenditure;  and  had,  therefore,  treated  this  immense 
amount  of  money  as  so  much  capital  on  which  they  could 
make  loans  to  their  customers,  and  had,  undoubtedly, 
made  large  loans,  relying  upon  these  funds  of  the  govern- 
ment as  means  of  redeeming  their  own  notes. 

The  order  issued  from  the  treasury  department  in  pur- 
suance of  this  law,  for  the  distribution  of  these  funds 
among  the  several  states,  was  to  the  banks  extremely  em- 
barrassing, and  they  complained  that  the  mode  of  distribu- 
tion adopted  by  the  secretary,  Mr.  Woodbury,  was  unwise 
and  unnecessarily  oppressive.  These  were  the  principal 
alleged  causes  of  the  pressure.  But  I  apprehend  a  still 
more  efficient  cause  was  this  : 

Immense  importations  of  goods  had  been  made  from 
Europe;  and  to  pay  for  these  goods,  drafts  had  been  made 
on  several  large  American  houses  in  England  by  the  Amer- 
ican merchants.  The  Bank  of  England  became  alarmed, 
curtailed  generally  its  discounts,  and  threatened,  and  I  be- 
lieve for  a  time  wholly  refused,  to  discount  for  the  Ameri- 
can houses.  Hence  bills  drawn  by  American  merchants 
on  those  houses  were  protested  for  non-payment  or  non- 
acceptance  ;  and  the  return  of  those  bills  to  this  country 
produced  a  demand  on  the  banks  for  specie  to  be  chipped 
to  Europe.  Probably  this  cause,  more  than  any  other, 
produced  the  embarrassment  and  ultimate  suspension  oJ 


470  POLITICAL    HISTORY  [1837. 

payment  by  the  banks  of  New-York.  It  is,  however,  with 
diffiilence  I  make  this  statement  ;  for  being  neither  a  mer- 
chant nor  a  banker,  nor  even  a  citizen  of  a  commercial 
city,  I  may  well  doubt  the  correctness  of  my  own  judg- 
ment, and  even  the  accuracy  of  the  facts  upon  which  it  is 
founded. 

This  accumulation  of  difficulties  could  not  be  withstood 
by  the  banks.  A  day  or  two  before  the  period  fixed  for 
the  adjournment  of  the  legislature,  the  news  reached  Al- 
bany that  the  New-York  banks  had  suspended  specie  pay- 
ment, and  it  was  soon  ascertained  that  almost  simuiiane- 
ously  every  bank  in  the  United  States  had  also  suspended. 

One  excellent  provision  contained  in  the  safety  fund 
law,  is  that  in  case  any  bank  shall  refuse  to  pay  its  notes 
on  demand,  in  current  coin,  the  chancellor  shall  order  its 
effects  to  be  delivered  over  to  a  receiver,  and  shall  issue 
his  injunction,  forbidding  it  to  issue  notes,  &,c.,  and  event- 
ually such  a  refusal  works  a  forfeiture  of  its  charter.  Un- 
less, therefore,  the  operation  of  this  law  should  be  sus- 
pended by  the  fiat  of  the  legislature,  every  bank  in  the 
state  must  have  ceased  discounting,  and  eventually  have 
been  annihilated.  The  legislature,  therefore,  without  a 
moment's  delay,  passed  a  law  suspending  any  action  un- 
der this  part  of  the  safety  fund  act  for  one  year 

This  bill  passed  the  senate  with  only  two  disLi.nin^ 
voices,  Col.  Young  and  Mr.  Willes;  in  the  assembly  by 
the  strong  vote  of  ninety-five  to  nineteen. 

Immediateiy  after  the  passage  of  this  law,  Mr.  Tracy 
brought  in  all..,  enacting  that  the  "  act  to  prohibit  the 
circulation  of  small  bills,  passed  March  31,  1S35,"  of 
•which  I  have  heretofore  spoken,  be  suspended  for  one 
year.  Action  upon  this  bill  was  opposed  by  Mr.  Loomis 
and  Col.  Young,  who,  by  that  means,  defeated  its  passage 
by  a  vote  of  fifteen  to  thirteen.  I  observe  that  Mr. 
Benrdsley,  Gen.  Maison,Mr.  Sterling  and  Mr.  Livingston. 


1837.]  OF    NEW-YOHK.  471 

voted  in  favor  of  Mr.  Tracy's  bill,  and  it  is  rt'niarkubU'  thai 
h  majority  against  it  could  have  been  obtaint-d.  It  was 
probably  the  refusal  to  pass  this  bill,  more  than  any  other 
cause,  which  carried  the  multitude  against  the  democratic 
party  at  the  then  ensuing  election.  We  shall  see  the  in- 
conveniences and  sacrifices  which  this  imprudent  act  of 
the  majority  produced.  Some  apology,  however,  is  to  be 
found  for  them  in  the  circumstance,  that  the  news  of  the 
suspension  of  specie  payments  came  upon  tliem  suddenly, 
and  took  them  by  surprise,  at  the  very  moment  when  they 
were  about  to  adjourn  without  day;  and  very  little  time 
was  allowed  them  for  consideration  and  reflection. 

The  corporation  election  in  New-York,  which  took 
place  during  the  last  days  of  the  session,  exhibited  a  state 
of  feelmg  in  that  city,  which  must  have  been  alarming  to 
the  representatives  of  the  democratic  party. 

Aaron  Clark,  who,  it  will  be  recollected,  was  for  seve- 
ral years  clerk  of  the  assembly,  was  the  whig  candidate 
for  mayor,  and  was  elected  over  Mr.  Morgan,  a  man  ot 
great  respectability,  by  a  majority  of  three  thousand  votes; 
and  the  whig  majority  in  both  branches  of  the  common 
council  was  very  large.  Mr.  Jaques,  the  loco-foco  cnndi 
date  for  mayor,  received  about  four  thousand  votes.  The 
whigs  also  succeeded  in  the  election  of  the  city  officers  for 
Albany. 

Before,  and  especially  after  the  suspension  of  specie 
payment  by  the  banks,  the  Washington  Globe,  a  newspa- 
per which  was  considered  as  the  organ  of  the  national  ad- 
ministration, and  the  Evening  Post,  a  leading  democratic 
paper  in  the  city  of  New-York,  animadveited  with  great 
severity  on  the  conduct  of  the  banks;  and  some  of  the 
articles  in  the  Globe  were  calculated  to  produce  suspicion 
in  the  public  mind  of  the  soundness  and  solvency  of  the 
banks  in  oeneral.  Tiiis  induced  some  of  the  friends  of 
Mr.  Van  Buren  to  suspect  that  he  had  in  view,  so  far  as 


472  POLITICAL    HISTORY  [18:37. 

the  action  of  the  national  government  could  cfTect  such  an 
object,  the  destiuction  of  the  whole  paper  system.  The 
Albany  Regency,  or  state  cabinet,  was  divided,  boih  as  to 
the  correctness  and  })olicy  of  the  course  pursued  by  this  class 
of  democratic  editors.  A  part  of  them  thought  favorably, 
others  unfavorably  of  it.  At  the  liead  of  those  who  sup- 
ported the  course  taken  by  the  Globe  and  Post  stood  Mr 
Flagg;  and  at  the  head  of  the  other  party  was  the  attor- 
ney general,  Mr.  Eeardsley. 

The  democratic  members  of  the  legislature,  however, 
did  not  separate  without  first  holding  a  caucus,  adopting 
resolutions  to  support  the  national  and  state  ailministration, 
and  issuing  an  address. 

In  this  feverish  slate  of  the  public  mind,  the  president, 
on  the  loth  day  of  May,  issued  a  proclamation  for  an  ex- 
tra session  of  congress,  to  be  held  on  the  1st  ATonday  of 
September. 

In  the  mean  time  orders  were  issued  from  the  general 
post-office  and  the  executive  departments  at  Washington 
to  the  collectin":  and  disbursino-  offirers  of  the  government, 
neither  to  receive  or  pay  any  other  kind  of  money  than 
current  coin,  or  bank  paper  convertible  into  coin  on  de- 
mand at  the  place  where  it  was  received. 

I  cannot  omit  mentioning  in  this  place  that,  on  the29ih 
day  of  July,  Henry  R.  Storrs,  one  of  the  brightest  orna- 
ments of  the  New- York  bar,  and  I  hazard  little  in  saying, 
the  most  eloquent  man  ever  sent  from  this  state  to  the 
house  of  representatives  of  the  United  States,  being  on  a 
visit  at  New-Haven,  apparently  in  perfect  health,  fell 
down  dead  while  walking  with  some  of  his  family.  He 
hat!  for  a  considerable  time  retired  from  politics,  and  at 
the  period  of  his  death,  was  in  full  and  successful  prac- 
tice in  the  city  of  New-York. 

Congress  convened  on  the  4th  day  of  September,  in 
pursuance  of  the  proclamation  of  the  president.     Before 


1837.]  OF    NEW-YORK.  473 

considering  the  message,  it  may  be  proper  to  glance  at  the 
legal  condition  in  which  the  suspension  of  specie  pay 
ments  by  the  banks  had  placed  the  executive  governmen) 
of  tlie  United  States. 

By  the  law  passed  by  congress,  I  believe  in  1836,  re 
gulating  deposits  by  the  treasury  and  the  receiving  officers 
of  the  government,  among  other  restrictions  they  were  re- 
quired not  to  deposit  the  national  funds  in  any  bank  which 
did  not,  on  demand,  redeem  its  notes  in  specie,  and  by  an- 
other law  or  resolution  of  congress,  passed  in  1816,  the 
United  States'  officers  were  prohibited  from  receiving  or 
paying  out  any  bank  notes  not  convertible,  at  the  place 
where  they  were  received,  on  demand,  at  the  will  of  the 
holder,  into  current  coin.  In  the  month  of  May,  when 
the  president  issued  his  proclamation,  every  dollar  of  the 
funds  of  the  government  was  in  the  possession  of  the 
banks,  and  all  the  banks  refused  to  pay  out  any  specie, 
even  to  those  (including  the  government)  for  whom  they 
held  deposits.  In  this  condition  of  affairs,  it  was  impossi- 
ble for  the  government  to  move  an  inch  without  a  palpa- 
ble violation  of  law.  Hence  the  necessity  of  the  imme 
diate  action  of  congress,  and  hence  the  absolute  necessity 
of  the  call  of  an  extra  session. 

Mr.  Van  Buren,from  his  first  entrance  upon  public  life, 
until  the  period  about  which  I  am  now  writing,  when  he 
had  reached  the  pinnacle  of  power,  had  been  constantly 
charged  with  the  disposition  to  avoid  responsibility,  with 
timidity  and  irresolution,  with  respect  to  means,  and  with 
being  governed  by  a  trimming  and  electioneering  policy. 
Even  his  best  friends  were  apprehensive  that  he  was  over 
cautious  and  lacked  that  moral  or  })o]itical  courage  neces- 
sary for  the  executive  head  of  a  great  nation,  in  order  to 
meet  those  exigences  which  might  require  bold  and  de- 
cisive action.  I  think  I  shall  not  be  charged  with  undue 
partiality  if  I  assert  that,  from  the  moment  he   became  a 


474 


POLITICAL    HISTORY 


[i«r 


(•andidate  for  the  presidency,  down  to  the  close  of  his  offi- 
cial duties  in  that  ofTue,  every  word  he  wrote  or  uittred, 
and  every  att  which  he  performed,  whatever  his  other 
errors  may  have  been,  proved  that  those  charges  were 
untrue  and  Uiose  apprehensions  were  ill  founded. 

In  his  message,  he  stated  with  great  clearness  and  pre- 
cision, the  actual  condition  of  the  government  in  i elation 
to  its  financial  concerns,  and  the  reasons  which  rendered 
the  call  of  the  extra  sess'-on  absolutely  necessary.  He 
stated,  that  previous  to  his  election  he  had  been  requested^ 
by  those  who  had  a  right  to  interrogate  him,  to  answer 
specifi:.'ally  whether  he  was  or  was  not  under  any  circum- 
stances in  favor  of  the  creation  of  a  national  bank  as  the 
fisral  agent  of  the  go\ernnient.  That  he  had  replied,  that 
in  principle  and  from  poli<'y  he  was  uncomj)romisingly 
hoslile  to  such  an  institution,  and  that  to  its  establishnient 
he  could  never  yield  his  assent;  that  under  this  solemn 
pledge  he  had  been  elected  president;  and  that  he  there- 
fore considered  that  he  was  not  only  in  honor  and  in  con- 
science committed  on  that  question,  but  that  a  large  majo- 
rity of  the  people  had,  by  electing  him,  pronounced  their 
tiat  against  the  chartering  of  a  national  bank. 

He  then  alleged  that  the  governnient  had  now,  for  the 
third  time,  made  trial  of  the  capacity  and  disposition  of  the 
banks  chartered  by  the  states  to  transact  its  financial  con- 
cerns, and  at  eacli  time  they  had  signally  failed.  These 
demonstrations  at  different  tiinrs,  an  I  under  different  and 
almost  adverse  circumstances,  v.cre  in  his  judgment,  suf- 
ficient to  convince  the  most  scept'<al  that  theiewas  some- 
thing inherent  in  the  nature  and  constitution  of  the  state 
banks  which  rendered  them  unsuitable  and  unsafe  to  be 
relied  upon  as  the  keepers  and  dispensers  of  the  public 
treasure.  As  a  national  bank  could  not  be  chartered,  anc? 
BS  the  state  banks  were  proved  to  be  unsafe  and  unfit  -.0 


L 


1837.]  OF  m:\\-yokk.  475 

(lisciiarge  the  duties  of  fiscal  agents,  what,  then,  was  to  be 
done  ? 

In  obedience  to  the  behest  of  the  constitution,  he  recom- 
mended that  the  treasury  of  the  people  should  be  kee[)  by 
the  officers  of  the  people,  and  that  there  should  be  an  en- 
tire and  total  separation  of  the  business  and  property  of 
the  government  from  the  business  and  concerns  of  the 
banks.  The  remarks  of  the  president  in  this  message  were 
strictly  confined  to  the  objects  for  which  congress  liiid  been 
convened.  It  contained  nothing  declamatory,  nothing 
desultory,  and  is,  whatever  opinion  may  be  i'ormed  of  the 
soundness  of  the  positions  it  assumes,  in  my  judgment  one 
of  the  most  perfect  specimens  of  executive  eoinmunica- 
tions  to  a  co-ordinate  branch  of  the  government  which  can 
be  found  in  print. 

The  message  and  the  scheme  recommended  by  the  pres- 
ident were  represented  by  the  whigs  as  a  direct  aitack 
upon  the  banks,  and  what  was  called  the  credit  sjsteja. 
They  insisted  that  if  the  president's  views  were  carried 
out,  the  prostration  and  destruction  of  all  banks  would  be 
inevitable,  and  that  finally  a  metalic  currency  would  alone 
constitute  the  circulating  medium,  which  would  be  wholly 
inadequate  to  the  exigencies  of  a  commercial  community 
like  that  of  the  state  of  New-York.  Another  ruinous 
consequence  which  they  predicted,  and  indeed  which  must 
nave  resulted,  assuming  that  the  banks  were  to  be  de- 
stroyed, was  a  reduction  of  prices  fatal  and  ruinous  to  the 
debtor.  The  message  was  very  unfavorabJy  received  by 
the  political  friends  of  the  president  in  this  and  the  other 
states  who  were  interested  in  banks.  His  scheme,  if  car 
ried  into  effect,  would  greatly  reduce  the  profits,  I  may 
say  the  enormous  profits  of  banking,  and  they  considered 
the  message  confirmatory  of  their  suspicions  that  the  edi 
torial  course  of  the  Globe  had  been  taken  in  accordance 
with  the  principles  of  the  president. 


470  POLITICAL    HISTORY  [1837. 

A  small  portion  of  the  members  of  the  house  of  repre- 
sentatives, and  Mr.  Rivers  of  Virginia,  and  Mr.  Tallmadge 
of  this  state,  of  the  senate,  alleging  that  they  wished  to 
preserve  the  banks  and  the  credit  system,  (and  hence  they 
assumed  the  name  of  conservatives.)  indicated  their  oppo- 
sition to  the  independent  treasury  scheme.  On  the  other 
hand,  Mr.  Van  Buren,  in  consequence  of  the  doctnnes  put 
forth  in  his  message,  gained  the  powerful  support  in  the 
senate  of  Mr.  Calhoun  of  vSouth  Carolina. 

'I'he  conservatives  in  the  house  of  representatives,  of 
whom  Mr.  John  C.  Clark  from  Chenango,  was  one  of  the 
most  active,  opposed  the  re-appointment  of  the  printers  of 
the  Globe  (Messrs.  Blair  &  Rives)  as  printers  for  that 
house.  Several  ballotings  took  ])lace,  and  at  the  first  the 
whigs  supported  Messrs.  Gales  &  Seaton  ;  but  after  some 
dozen  trials  they  came  over  to  the  conservatives,  and 
Thomas  Allen,  editor  of  the  Madisonian,  a  conservative 
newspaper,  was  elected. 

A  bill  was  brought  into  the  house  of  representatives,  in 
conformity  to  the  recommendation  of  the  president,  but 
alter  much  desultory  and  sometimes  excited  debate,  it  was 
laid  on  the  table,  on  the  motion  of  Mr.  John  C.  Clark,  by 
the  combined  vote  of  the  whigs  and  conservatives,  who 
together  constituted  a  small  majority.  This  was  a  test 
vote  and  the  result  proved  the  determination  of  that  house 
not  to  pass  the  bill  at  any  rate,  during  that  session.  Con- 
gress therefore  adjourned  without  doing  any  thing  for  the 
relief  of  the  country,  except  authorizing  the  executive 
government  to  issue  and  circulate  a  certain  amount  of 
treasury  notes. 

The  banks  in  the  state  of  New-York  conducted  their 
business,  after  the  suspension  of  specie  payments,  with 
great  prudence  and  discretion.  They  pursued,  with  stea- 
dy perseverance,  a  course  to  curtail  their  circulation  and 
diminish    their   liabilities,  and  at  the   same   tkne  so  gra- 


1837.]  OK    NEW-YORK.  477 

dually  as  to  produce   very  little  inconvenience  to  those 
of  their  debtors  who  were  solvent  and  had  a  reasonable 
prospect  of  ultimately  paying  their  debts.     But  great  and 
universal  trouble  and  embarrassment  was  felt  for  the  want 
of  bills  less  than  five  dollars.     The  banks  would  not  pay 
out  specie  to  their  customers  for  change.     In  fact  if  they 
had  been  disposed  to  do  so,  it  would  have  been  of  little 
use,  for  when  silver  and  gold  was  ten  or  twelve  per  cent, 
above  paper,  it  would  be  hoarded  or  sold.     It  was  there- 
fore   impossible  that  it  could   circulate,  in  this  state  of 
things,  among  the   mass  of  business  men,  and  especially 
among  the  poor,  who  receive  and  pay  out  money  in  small 
sums.     It  was  highly  penal  by  law  to  issue  or  circulate 
bills  for  the  payment  of  money,  as  money,  of  a  denomi- 
nation less  than  five  dollars,  and  the  law  was  equally  severe 
against  offering  or  receiving  in  payment,  bank  notes  for  a 
sum  less  than  five   dollars,  issued  by  the  banks  chartered 
by  the  neighboring  states.     But  notwithstanding  a  heavy 
penalty  for  a  violation   of  this  statute,  necessity,  which 
knows  no  law,  forced  into  circulation  an  immense  amount, 
it  was  said  two  millions  of  foreign   small   bills.     Besides 
the  risk  incurred  in  paying  or  receiving  these  bills,  great 
difiiculties  were  experienced  in  discriminating  between  the 
genuine  and  the  spurious  bills,  and  between  those  issued 
by  solvent  and  those  put  in  circulation  by  insolvent  banks, 
and  great  losses  in  the  aggregate  were   sustained  in  con- 
sequence of  those  difiiculties.    These  losses  more  generally 
fell  upon  the  poorer  and  most  numerous  class  in  commu- 
nity.   So  great  was  the  inconvenience  felt,  in  consequence 
of  the  want  of  authority  on  the  part  of  the  banks  to  issue 
small  bills,  that  the  citizens  of  Broome   county,  most  of 
whom  represented  themselves,  and  no  doubt  were,  politi- 
cal friends  of  the  governor,  petitioned  him  in  form  to  call 
an  extra  session  of  the  legislature,  for  the  express  purpose 
of  authorizing  the  banks  to  issue  small  notes.     The  gover- 


478  POLITICAL    HISTORY.  [1837. 

nor  declined  to  comply  with  their  request,  and  assigned 
for  his  refusal,  the  conclusive  reason  that  that  identical 
question  had  been  presented  to  the  same  legislature  which 
the  petitioners  requested  should  be  called  together,  and 
that,  on  the  last  day  of  their  session,  which  was  on  the 
IGth  day  of  May,  they  had  solemnly  decided  against  con- 
fering  on  the  banks  the  desired  authority. 

It  was  impossible  after  this  to  prevent  the  whigs  from 
making  the  democratic  party  responsible,  in  the  judgment 
of  the  majority  of  the  people,  for  all  the  evils  they  ex- 
perienced, and  every  individual,  rich  or  poor,  occasionally 
did  experience  some,  from  the  want  of  small  bills  and 
from  a  derangement  of  the  currency. 

Although  there  were  many  individuals  largely  interested 
in  banks,  who  continued  in  good  faith  to  support  the  de- 
mocratic party,  I  think  it  may  be  asserted  as  a  historical 
fact,  that  the  great  mass  of  banking  interest  was  brought 
to  bear  against  the  administration  of  tiie  state  and  nation. 
The  banks  had  sustained,  with  all  their  influence.  General 
Jackson  in  his  veto  of  the  United  States  Bank  bill,  and  in 
the  transfer  which  he  made  of  the  deposit  from  the  nation- 
al to  the  state  banks  ;  but  when  Mr.  Van  Buren  recom- 
mended tfie  removal  of  the  deposits  from  the  state  banks, 
it  was  quite  another  matter. 

There  was  3'et  another  class  of  people,  not  very  nume- 
rous, who  belonged  to  the  democratic  party,  and  who  were 
opposed  to  the  monopoly  of  banking,  and  thought  it  like 
all  other  business,  ought  to  be  open  to  competition,  but 
who  believed  those  who  led  the  democracy  of  New-York, 
were  from  interest  and  feeling  determined  to  preserve  to 
the  safety  fund  banks  their  monopoly,  and  on  that  account 
abandoned  the  party.  Thus,  it  was,  that  while  some  por- 
tion of  those  who  professed  to  be,  and  were  in  fact,  in 
[irinrriple  democrats,  were  opposing  the  state  administra- 
tion   on  account  of  their  partiality   to  banks,  the  banks 


1837.] 


OF    NEW-YORK. 


479 


themselves  were  opposing  the  same  administration  in  con- 
sequence of  its  supposed  hostility  to  them. 

The  mass  of  opposition  which  had  been  accumulating 
from  the  time  the  severity  of  the  money  pressure  was  felt, 
in  March,  burst  like  a  torrent  at  the  November  election. 
It  "/as  a  perfect  tornado,  which  sw^ept  through  nearly  every 
county  in  the  state.  The  triumph  of  the  whigs  was  com- 
plete. Out  of  one  hundred  and  twenty-eight  members  of 
assembly,  the  whigs  elected  one  hundred  and  one,  and  they 
carried  six  of  tne  eisrht  senatorial  districts. 

The  names  of  the  gentlemen  elected,  were  • 
From  the  First  District,  Gulian  C.  Verplanck, 
*'         Second  do.,     Henry  A.  Livingston, 


Third  do.. 
Fourth  do.. 
Fifth  do.. 
Sixth  do.. 
Seventh  do., 
Eighth    do., 


Edward  P.  Livingston, 
Martin  Lee, 
Avery  Skinner, 
Laurens  Hull, 
John  Maynard, 
William  A.  Moseley. 


Mr.  E.  P.  Livingston  and  Mr.  Skinner  were  the  only 
aemocrats  chosen;  and  Mr.  Livingston's  majority  was  very 
small. 

It  was  a  circumstance  fortunate  for  the  whig  party,  that 
the  tri-annual  election  for  sheriffs  and  clerks  took  place 
this  year.  Every  one  knows  the  great  political  influence 
which  these  officers,  especially  the  sheritl's,  have  with  the 
people  of  their  respective  counties.  As  the  success  of  the 
whigs  happened  at  an  election  when  most  of  these  officers 
were  chosen,  thov  v»'cre  enabled  by  that  means  to  gain  a 
stronger  foot-hold  among  the  people,  so  far  as  official  pa- 
tronai];o  and  influence  may  be  supposed  to  contribute  to 
that  object,  than  if  their  triumph  had  0(x;urred  the  year 
before  or  the  year  after. 

This  election  brought  into  the  legislature  several  gen- 
tlemen of  talents  belonging  to  the  whig  party,  who,  from 


480  POLITICAL    HISTORY  [1838. 

being  in  the  minority  in  their  respective  counties,  had 
many  of  them  for  a  long  time  been  kept  out  of  pubHc  life. 
Among  these  I  mny  mention  D.  D.  Barnard  of  Albany, 
Jedediah  iMiller  oj'  Schoharie,  (his  colleague,  Mr.  Sanford, 
was  a  man  of  talents,  but  until  recently  he  had  bek)nged 
to  the  democratic  party,)  Fortune  C.  White  of  Oneida,  P 
B.  Porter,  jiin.,  of  Niagara,  Samuel  B.  Ruggles,  and  the 
gigantic-minded  David  B.  Ogden  of  the  city  of  New-York. 

January  2,  1838. — The  legislature  thus  elected,  assem 
bled  on  the  '2d  day  of  January,  and  Luther  Bradish,  of 
tlie  county  of  Franklin,  was  elected  speaker,  and  Jarvis 
N.  Lake,  of  Herkimer  county,  was  appointed  clerk. 

The  governor,  in  his  message,  gave  a  clear  and  full  view 
of  the  linancial  concerns  and  various  interests  of  the  slate 
lie  recommended  the  passage  of  a  general  banking  law, 
but  expressed  himself  inclined  to  be  of  the  opinion  that 
in  order  to  pass  it  constitutionally,  two-thirds  of  all  the 
members  elected  to  both  houses  must  vote  for  it.  He  al- 
luded to  the  money  pressure  and  suspension  of  payments 
by  the  banks,  and  set  forth  at  some  length  what  he  deemed 
to  be*  the  causes  which  had  produced  the  disasfei^.  He 
declared  his  decided  opinion  in  favor  of  an  iiidejiendent 
treasury  recommended  by  the  president,  and  he  advised  an 
increased  appropriation  for  th-e  purjiose  of  hastening  the 
completion  of  the  (Milargment  of  the  Erie  canal.  This 
was  the  last  of  Governor  Marcy's  annual  messages.  In 
reviewing  all  his  messages,  it  strikes  me  that  no  unpreju- 
diced mind  can  fail  of  being  impressed  with  an  opinion 
higlily  favorable  to  the  author  as  an  accomplished  writer 
and  able  statesman. 

Dr.  Campbell  had  hc>ld  the  office  of  surveyor  general 
three  years,  and  the  whigs  in  the  assembly  hastened  to  af- 
ford a  demonstration  that  they  also  held  the  proposition  to 
be  a  sound  one  that  '-to  the  victors  belong  the  spoils." 
They  in  that  house  nominated  Mr.  Orville   L.  Hoiiey  for 


1838.]  OF    NEW-YORK.  481 

surveyor  general  by  a  vote  of  eighty-six  to  twenty-six.  The 
senate  nominated  Dr.  Campbell.  Upon  joint  ballot  Mr. 
Campljell  received  forty-two  votes  and  Mr.  Holley  ninety- 
seven,  v/ho  was  of  course  declaretl  duly  elected.  About 
the  same  result  was  produced  in  the  choice  of  a  state  trea- 
surer, and  Dr.  Barstow,  of  Tioga  county,  was  elected  in 
lieu  of  Mr.  Keyser.  The  vote  in  the  senate  stood  for 
Cani[)bell  and  Keyser  twenty,  and  for  Holley  and  Bars- 
tow  ten. 

Mi\  Holley  is  a  man  of  science  and  fond  of  literary 
pursuits.  He  had  spent  some  portion  of  his  previous  life 
in  conducting  the  Troy  Sentinel,  a  political  newspaper 
which,  considering  the  general  character  of  the  political 
press  in  this  state,  he  managed  with  great  moderation  and 
considerable  ability. 

The  whigs  embraced  the  earliest  opportunity,  after  the 
assembly  was  organized,  to  bring  in  a  bill  to  repeal  the 
law  prohibiting  the  banks  from  issuing  bills  under  five 
dollars.  Indeed.  I  believe  Mr.  Taylor,  of  Ontario,  an 
active  and  leading  member,  either  brought  in  a  bill  or  gave 
notice  to  that  effect  on  the  first  day  of  the  session.  It 
passed  the  house,  but  in  the  senate  it  was  amended  by  a 
party  vote,  merely  suspending  the  law  against  the  issuing 
of  small  bills  for  two  years.  After  considerable  discus- 
sion in  the  senate,  and  altercation  between  the  two  houses, 
the  assembly  concurred  in  the  amendment  of  the  senate, 
and  the  bill  was  passed.  It  is  singular  that  during  the 
elaborate  discussions  which  took  place  on  this  apparently 
'•  sjnall "  subject,  so  little  was  said  of  the  real  use  of  the 
law  when  the  banks  should  have  resumed  their  regular  ac- 
tion by  the  payment  of  specie  for  their  notes,  in  being  the 
most  safe,  certain  and  least  inconvenient  means  of  check- 
ing the  excessive  issues  of  bank  notes  by  causing  a  con- 
tinual but  moderate  demand  for  their  payment  in  coin. 

Ee 


482  rOMTICAL    HISTORY  [1838. 

During  this  year  three  vacancies  occurred  in  the  office 
of  circuit  judge. 

Judge  Vanderpocl  was  suddenly  attacked  by  a  paralytic 
stroke,  and  rendered  incapable  of  discharging  the  duties 
of  his  office.  This  misfortune  induced  him  to  resign,  and 
John  P.  Cushman  of  Troy  was  appointed  in  his  place. 

Judge  Gardiner  of  the  eighth,  fatigued  with  the  perform- 
ance of  his  very  laborious  duties  in  a  district  where  the 
equity  business  of  the  court  has  been  found  sudicient  to 
occupy  the  whole  time  of  one  man,  resigned  his  office.  The 
governor,  in  the  first  instance,  appointed  Mr.  John  B. 
Skinner  of  Genesee  county,  who,  it  will  be  remembered, 
represented  that  county  several  years  in  the  assembly,  but 
he  declined  accepting  the  appointment.  Notwithstanding 
the  judge  of  the  eighth  circuit  was  obliged  to  subject  him- 
self to  the  most  fatiguing  and  constant  labor,  and  like  the 
other  circuit  judges,  was  poorly  paid  for  his  services, 
there  was  much  competition  for  the  vacant  office.  Eventu- 
ally Nathan  Dayton  of  Lockport  was  appointed. 

There  occurred  yet  another  vacancy.  Judge  Denio  of 
the  fifth  district,  finding  his  health  decaying  and  seeking 
under  the  mode  of  life,  which  the  proper  discharge  of  his 
duties  as  a  judge  compelled  him  to  pursue,  resigned  his 
office,  deeply  regretted  by  the  bar  and  by  the  people  of  the 
district.  The  governor  and  senate  appointed  Mr.  Bron- 
son,  a  member  of  congress  from  Jefferson  county,  for  his 
successor  ;  but  the  independent  treasury  bill  was  then 
pending  in  congress,  and  it  was  believed  the  question 
on  its  passage  would  be  very  close  in  the  house  of  repre- 
sentatives, Mr.  Bronson  was  persuaded,  by  the  friends  of 
the  administration,  to  remain  there  until  after  the  period 
limited  by  law  for  his  taking  the  oath  of  office  of  circuit 
judge  had  expired.  A  nr'w  appoiiitment.  therefore,  be- 
came indispensable  ;  f)ut  that  was  delayed  so  long,  that 
some  of  the  spring  circuits  in  the  districts  could  not  be 


1838.]  OF    NEW- YORK.  483 

held.  That  circumstance  produced  considerable  com- 
[)l;iint.  and  Mr.  Bronson,  at  tiie  extra  session,  havinr'  voted 
for  Allen  for  printer  to  the  house,  and  manifested  other 
symptoms  of  conservatism,  it  was  charged  that  he  had 
Iseen  induced  to  support  the  great  measure  of  the  presi- 
dent by  a  promise  of  this  office,  and  now  the  office  was 
kej)t  vacant  a  long  time  to  the  great  inconvenience  of  the 
public,  for  the  purpose  of  enabling  both  j)arties  to  the  bar- 
gain to  consummate  and  perform  the  contract.  Either  to 
prove  the  falsity  of  these  allegations,  or  for  some  other 
cause.  Gov.  Marcy  did  not  re-nominate  Mr.  Bronson,  but 
appointed  Philo  Gridlcy  of  Madison,  to  the  vacant  judfe- 
ship.  Without  any  disparagement  to  the  talents  or  merits 
of  Mr.  Bronson,  I  may  be  permitted  to  say,  that  the  pub- 
lic have  been  no  loser  by  these  occurrences.  Judge  Grid- 
ley  is,  beyond  controversy,  one  of  the  best  lawyers  and 
most  efficient  and  useful  judges  in  the  state. 

Mr.  Ruggles,  of  the  assembly,  made  a  report  to  that 
house  on  the  subject  of  internal  iniprovement,  and  on  the 
financial  condition  of  the  state  and  its  capacity  to  furnish 
funds,  in  which  he  presented  its  resources  as  exceedinglv 
great  and  competent  for  almost  any  emergency.  The  re- 
port recommended  very  large  appropriations  for  the  speedy 
completition  of  the  Erie  canal,  and  for  various  other  objects 
of  internal  improvements.  A  bill,  somewhat  in  confor- 
mity to  the  views  of  the  committee^  was  passed  in  the 
assembly,  but  was  amended  in  the  senate,  so  as  to  appro- 
priate four  millions  of  dollars  to  be  expended  during  the 
current  year,  for  the  enlargement  of  the  Erie  canal.  It  is 
remarkable  that  the  internal  improvement  bill,  committing 
the  state  for  the  expenditure  of  an  immense  amount  o( 
money,  passed  the  assembly  almost  unanimously,  only  three 
members,  Drake,  a  very  intelligent  man  from  Otsego, 
Floyd  of  Suffolk,  and  P.  King  of  St.  Lawrence,  voting 
in  the  negative. 


484  POLITICAL    HISTORY  [1838. 

A  bill  to  authorize  the  business  of  banking,  commonly 
called  the  general  banking  law,  passed  the  assembly  by  a 
vote  of  eighty-six  to  twenty-nine.  I  observe  that  most 
of  the  democratic  members  voted  against  it.  In  the  senate 
it  underwent  some  alterations,  but  it  finally  passed  that 
boby  after  it  had  undergone  several  amendments,  twenty 
members  voting  for  it  and  eight  against  it. 

Before  the  final  vote  was  taken,  Mr.  Powers  offered  a 
resolution  purporting  that  it  required  two-thirds  of  the 
senators  elected  to  vote  in  the  affirmative  in  order  to  pass 
the  bill  constitutionally.  This  resolution  was  negatived, 
seventeen  to  ten.  To  me  it  is  singular  that  Col.  Young, 
who  had  so  often  denounced  the  monopoly  of  banking, 
should  have  voted  against  the  final  passage  of  this  bill. 
He  probably  disapproved  of  its  details. 

The  legislature  adjourned  on  the  eighteenth  day  of 
April. 

The  session  was  not  remarkable  for  political  excitement 
among  the  members.  Mr.  Mann  of  Herkimer,  and  Mr. 
P.  King  of  St.  Lawrence,  were  the  most  efficient  and  ac- 
tive in  the  opposition,  and  some  unpleasant  passages  took 
place  between  both  these  gentlemen  and  the  speaker. 
But  Mr.  Bradish  was  a  person  possessing  great  self  com- 
mand, and  habitually  gentlemanly  and  courteous  in  his 
deportment,  whether  in  or  out  of  the  chair.  The  alter- 
cations therefore  passed  off  without  leaving  any  lasting 
impressions  on  the  minds  of  the  parties.  A  resolution  of 
thanks  to  the  speaker  for  the  ability  and  impartiality  with 
which  he  had  discharged  his  duties,  was  moved  by  Mr. 
Wardwell,  of  Jefferson  county,  a  democratic  member,  and 
unanimously  adopted.  If  I  recollect  rightly,  Mr.  Mann, 
in  a  manner  very  creditable  to  himself,  publicly  expressed 
the  kind  feeling  he  entertained  towards  Mr.  Bradish,  as  a 
presiding  officer. 


1838.]  OF    NF.U-VORK.  485 

At  the  regular  winter  session  of  congress,  the  independ- 
ent treasury  bill  was  introduced  into  the  senate  and  passed 
that  body  ;  but  when  the  bill  was  sent  to  the  house  of 
representatives,  after  much  and  long  discussion,  it  was  laid 
on  the  table  by  the  vote  of  a  small  majority  of  the  mem- 
bers. 

Before  the  adjournment  of  the  senate,  Gov.  Throop  was 
appointed  by  the  president  minister  to  Naples. 

The  result  of  the  New-York  charter  election  afforded 
evidence  that  the  whigs  had  suffered  a  loss  of  strength  in 
that  city.  They  obtained  a  majority  of  one  only  in  each 
branch  of  the  common  council,  and  Mr.  Clarke,  who  the 
preceding  year  had  received  a  majority  for  mayor  of  three 
thousand  votes  over  his  opponent,  was  this  spring  re-elect- 
ed by  the  bare  majority  of  ninety-nine. 

The  election  which  took  place  in  several  of  the  states 
during  the  summer  and  autumn  of  1838,  resulted  much 
more  favorably  to  the  general  administration  than  had  been 
anticipated.  In  several  of  the  states  which  in  1837  had 
given  majorities  against  it,  the  whigs  were  beaten,  and  in 
some  instances  by  considerable  majorities.  This  inspired 
the  democratic  party  in  New- York  with  strong  hopes  of 
success.  During  the  summer,  preparations  for  the  Novem- 
ber contest  were  made  with  great  spirit  and  vigor  by  both 
parties. 

The  whigs  for  a  time  were  divided  in  relation  to  the 
most  eligible  candidate  for  governor.  Some  were  for  Mr. 
Granger,  others  were  for  Mr.  Bradish  ;  but  the  current 
ultimately  settled  down  in  favor  of  Mr.  Seward  for  gov- 
ernor and  Mr.  Bradish  for  lieutenant  governor,  and  they 
were  accordingly  nominated  with  apparent  unanimity  at  a 
state  convention  held  at  Utica  on  the  12th  of  September. 

On  the  same  day,  a  democratic  convention  was  held  at 
Herkimer,  when  Marcy  and  Tracy  were  again  unanimous 
ly  nommated  for  a  re-election. 


486  POLITICAL     HISTORY  [1838. 

On  the  3d  day  of  October,  a  meeting  of  gentlemen  from 
various  parts  of  the  state  was  held  at  Syracuse,  who  had 
formerly  belonged  to  the  democratic  party,  now  calling 
themselves  conservatives.  Among  the  leading  and  most 
influential  members  of  this  convention,  were  Mr.  N.  P. 
Tallrnadge  of  the  United  States  senate,  John  C.  Clark  of 
Chenango,  and  Judah  Hammond  of  New-York.  Among 
other  resolutions,  they  adopted  one  for  tiie  support,  by  the 
conservatives,  of  Seward  and  Bradish. 

The  election  resulted  in  favor  of  the  whig  candidates  for 
governor  and  lieutenant  governor.  Their  majority  was 
about  ten  thousand.  In  the  assembly,  the  whig  majority 
was  not  so  large  as  the  year  before,  but  it  was  now  nearly 
two  to  one.  In  the  senate  the  whigs  carried  five  of  the 
eight  districts  ;  but  this  left  them  still  in  the  minority  in 
that  branch  of  the  legislature. 

The  senators  elected  were, 

From  the  First  District,  Gabriel  Furman, 


Second  do., 

Daniel  Johnson, 

Third     do.. 

Alonzo  C.  Paige, 

Fourth  do., 

Bethuel  Peck, 

Fifth      do.. 

Joseph  Clark, 

Sixth      do.. 

Alvah  Hunt, 

Seventh  do.. 

Robert  C.  Nicholas, 

Eighth   do.. 

Henry  Hawkins. 

The  second,  third  and  fifth  districts  elected  democratic 
senators. 

The  very  large  whig  majorities  in  some  of  the  western 
counties  surprised  every  one.  Thus,  Chautauque  gave 
about  two  thousand  two  hundred  majority,  Erie  two  thou- 
sand six  hundred,  and  Genesee  more  than  three  thousand. 
Ulster  county,  which  had  given  such  strong  Jackson  ma- 
jorities, now  gave  some  hundreds  the  other  way.  JelFer- 
son,  which  last  year  elected  democratic  members,  this  year 
gave  the  whig  ticket  a  majority  of  about  six  hundred 


1838.]  OF    NEW-VOKk'.  4S7 

Perhaps  I  may  as  well  here,  as  in  any  other  place,  desig- 
nate two  other  causes  which  I  suppose  tended  to  swell  t!io 
whig  majority. 

The  first  I  shall  mention  was  that  an  insurrection  had 
broken  out  in  Canada,  and  many  of  our  citizens  near  the 
borders  of  that  province,  were  desirous  to  join  them  or 
afford  them  aid  ;  and  some  did  actually  join  them,  and 
others  jrave  them  assistance.  The  president  and  Gov. 
Marcy  issued,  as  was  their  duty,  orders  to  pi-event,  so  far 
as  they  could,  any  American  citizen  from  becoming  a  pai'ty 
to  that  contest.  In  consequence  of  this  course  by  the 
state  and  national  governments,  it  was  easy  for  artful 
electioneerers  to  turn  the  sympathy  felt  by  our  border  citi- 
zens, for  the  Canadian  patriots,  as  they  were  called,  into 
a  hostile  feeling  towards  Gov.  Marcy.  Hence  it  will  be 
perceived,  that  the  county  of  Jefferson  changed  from  a 
democratic  majorit}-,  in  1837,  to  a  large  whig  majority  in 
1838.  I,  by  no  means,  intend  to  intimate  that  the  whig 
party,  as  such,  countenanced  the  border  citizens  in  tlie 
violation  of  their  duty  as  citizens  of  the  United  States, 
but  they  undoubtedly  had  not  the  least  objection  to  avail 
themselves  of  the  prejudices  of  those  citizens. 

The  other  cause  to  which  I  have  referred  was  this  : — It 
maybe  recollected  that,  in  1830  many  national  republi- 
cans, wdio  were  masons,  abandoned  their  party  solely  be- 
cause a  majority  of  the  party  supported  Granger,  the 
anti-masonic  candidate  for  governor.  These  men  were 
never  democrats,  nor  were  they  ever  at  heart  pleased  with 
Gen.  Jackson  for  president,  nor  indeed  with  the  party 
which  supported  him.  They  however  continued  with  the 
party,  because  they  could  find  no  reasonable  excuse  for 
abandoning  it,  and  because  they  feared  the  domination  of 
anti-masonry  in  some  form.  But  anti-masonry  had  been 
now  for  years  annihilated,  and  these  national  republican 
masonic  Jackson  men  rejoined  their  old   friends.     In  any 


488  POLITICAL    HISTORY.  [1833. 

Other  way,  it  is  extremely  difficult  to  account  for  the  great 
change  in  Ulster,  Albany  and  Rensselaer  counties. 

The  whig  ticket  succeeded  in  New-York  by  a  small  ma- 
jority, and  C.  C,  Cambrcling  failed  in  being  re-elected  to 
congress. 

After  the  result  of  the  election  was  known,  great  etforts 
were  made  by  many  of  Marcy's  political  friends,  to  induce 
him  to  call  together  the  senate  for  the  purpose  of  transact- 
ing executive  business.  There  were,  I  believe,  at  that 
time  some  vacancies  which,  liad  the  senate  been  in  session, 
it  would  have  been  proper  to  have  supplied  by  nev/  ap- 
pointments, but  the  real  object  was  to  enable  those  oHiee- 
holders,  whose  term  of  o(Hce  would  expire  during  the  next 
two  years,  to  resign,  and  to  procure  the  appointment  of 
other  persons,  who  were  the  political  friends  of  the  gover- 
nor, and  the  personal  as  well  as  the  political  friends  of 
the  incumbents.  These  applications  were  urged  with 
great  ardor  ;  but  the  governor  had  the  virtue  and  firmness 
to  resist  them.  The  high  moral  sense  of  William  L, 
Marcv  would  not  permit  him  to  lend  himself  to  such  an 
expedient  for  party  purposes,  or  to  gratify  the  desire  for 
office,  even  of  some  of  his  ardent  friends. 


1831-5.]  OF    NEW-VORK.  4S9 


CHAPTER  XLI. 

THE  EQUAL  RIGHTS  OR  LOCO-FOCO  PARTY. 

I  HAVE  before  remarked  that  in  lS3'l-5,  after  all  men 
became  satisfied  that  the  United  States  Bank  would  not  be 
re-chartered,  a  pressure  for  charters  in  this  state  foj-  hank- 
ing purposes,  was  brought  to  bear  with  great  and  almost 
irresistible  force  on  its  legislature  ;  that  the  means  em- 
ployed to  procure  charters,  the  manner  in  which  the  stock 
in  new  chartered  banks  was  distributed,  and  the  manatrc- 
ment  of  some  of  the  banking  companies,  gave  great  un- 
easiness to,  and  indeed  produced  the  most  painful  appre- 
hensions in  the  minds  of  many  reflecting,  and  1  may  add, 
disinterested  and  patriotic  citizens  who  were  members  of 
the  democratic  party.  They  perceived  that  the  action  of 
the  legislature  on  the  petitions  of  bank  ap[)licants,  tended 
to  the  formation  of  corrupt  combinations  in  the  legisla- 
ture, and  that  the  mode  of  distributing  the  stock  generally 
prescribed  in  bank  charters,  tended  to  corrupt  the  people 
themselves.  The  influence  which  the  moneyed  institu- 
tions already  created,  when  combined,  exerted  u})on  the 
legislature  and  the  community,  alarmed  sober  and  consid- 
erate men,  and  that  alarm  was  increased  by  the  considera- 
tion that  bank  paper  had,  in  point  of  fact,  become  the. 
money  of  the  country,  and  that  therefore  the  i-estraining 
law  which  was  then  in  full  and  unmitigated  force,  con- 
ferred on  these  soulless  institutions  a  power  equal  to  the 
exclusive  power  of  coining  money  for  the  use  of  the  cx)m- 
munity.  This  last  consideration  had  led  men  to  inquire 
into  the  propriety  of  granting,  by  legislative  enactment, 
exclusive  rights  to  any  class  of  men  whatsoever.  These 
were  some  of  the  views  and  circumstances  which  forced 


490  I'OLITICAI-    HISTORY  [  1 S35. 

into  existence  the  Equal  Rights,  or,  ns  they  were  called 
by  thciir  opponents,  the  Loco-Foco  party  in  the  city  of 
New- York. 

My  residence  having  been  in  the  interior  of  the  state, 
and  the  individuals  who  composed  tiiis  party  havin^ij  been 
nearlv  all  of  thcrn  residents  of  the  city,  I  am  unable  to 
state  fullv,  or  indeed  as  I  fear  accurately,  the  movements 
of  these  men,  or  present  a  detailed  and  correct  statement 
of  the  merits,  talents  and  chai'acter  of  the  individuals  who 
wcve  most  active  and  influential  among  them.  The  ac- 
count, therefore,  which  1  shall  venture  here  to  give  of 
their  operations  as  a  party,  must  of  necessity  be  very  im- 
perfect ;  but  their  principles  were  published  to  the  world, 
and  a  synopsis  of  these  1  can  of  course  state  with  more 
certainty. 

Those  persons  in  the  city,  who  were  opposed  to  all 
monopolies,  in  the  summer  of  1835,  held  several  meetings, 
and  many  private  consultations  ;  and  being  most  of  them 
regular  members  of  the  democratic  party,  their  first  effort 
was  to  procure  the  nomination  according  to  the  usage  of 
that  party,  of  candidates  for  congress  and  assembly,  who 
accorded  with  them  in  political  principles  ;  but  they  were 
unsuccessful  in  the  inv:ipicnt  step  taken  to  accomplish  that 
object.  A  majority  of  the  nominating  committee  were 
against  them,  and  they  presented  Gideon  Lee  as  the  demo- 
cratic candidate  for  congress,  and  four  candidates  for  the 
assemlily,  who  were  peculiarly  obnoxious  to  those  who 
were  opposed  to  monopolies.  There  was,  however,  an- 
other expedient  by  which  the  gentlemen  to  whom  the  anti- 
monopolists  objected,  might  be  prevented  from  becoming 
the  regular  candidates  of  the  democratic  party.  The  cus- 
tom of  the  party  in  New-York,  if  1  understand  it  rightly, 
is,  that  a  majority  of  the  nominating  committee,  consisting 
of  some  seventy  men,  elected  from  the  dilferent  wards, 
select    the    candidates    to    be    supported    by    the    party. 


1835.]  OF    NEAV-VOUK.  4'Jl 

After  the  committee  have  thus  agreed  on  the  candidates,  a 
general  meeting  of  democratic  citizens  is  invited  at  Tam- 
many Hail,  where  the  report  of  the  nominating  committee 
is  made,  and  at  that  stage  of  the  nominating  process,  may 
be  accepted,  amended  or  rejected,  by  a  majority  of  the  citi- 
zens so  assembled.  The  anti-monopolists  resolved,  at  the 
meeting  which  was  to  be  held  a  few  days  before  the  election 
in  November,  1835,  at  Tammany  Ilall.  to  hear  and  act  on 
the  report  of  the  nominating  committee,  and  to  resist  t!ie 
confirmation  of  the  nomination  of  Mr.  Lee  and  others,  of 
whose  principles  they  disapproved.  The  friends  of  these 
candidates  anticipated  opposition,  and  of  course,  at  the  hour 
appointed  for  the  meeting,  an  immense  crowd  c:o]lected. 
The  first  question  which  arose,  and  which  would  test  the 
strength  of  the  parties,  was  the  selection  of  a  chairman, 
the  friends  of  Mr.  Lee,  whom  we  will  call  Tammany 
men,  supported  Isaac  L.  Varian,  since  mayor  of  New- 
York  ;  and  the  anti-monopolists  supported  Joel  Curtis. 
The  Tammanies  entered  the  hall  as  soon  as  the  doors  were 
opened,  by  means  of  back  stairs,  while  at  the  same  time 
the  equal  rights  party  rushed  into  the  long  room  up  the 
front  stairs.  Both  parties  were  loud  and  boisterous  ;  the 
one  declaring  that  Mr.  Varian  was  chosen  chairman,  and 
the  other  that  Mr.  Curtis  was  duly  elected  the  presiding 
ofiicer.  A  very  tumultuous  and  confused  scene  ensued, 
during  which  the  gas  lights,  with  which  the  hall  was  illu- 
minated, were  extinguished.  The  equal  rights  party, 
either  having  witnessed  similar  occurrences,  or  having 
received  some  intimations  that  such  would  be  the  course 
of  their  opponents,  had  provided  themselves  with  loco-foco 
matches  and  candles,  and  the  room  was  re-lighted  in  a 
moment. 

The  next  day  both  parties  claimed  the  victory,  but  the 
mass  of   the  democi'atic   party  in  the  city  supported  at 


492  POLITICAL    HISTORY  [1836. 

the  election  which  took  place  a  few  days  afterwards,  the 
Tammany  nomination  as  the  regularly  formed  ticket. 

Immediately  after  this  outbreak  at  Tammany  Hall,  the 
Courier  and  Enquirer,  a  whig,  and  the  Times,  a  democra- 
tic, (afterwards  conservative,)  newspaper,  dubbed  the 
anti-monopolists  with  the  name  of  the  Loco-Foco  Party, 
a  sort  of  nick-name  which  the  whigs  have  since  given  to  the 
whole  democratic  party. 

The  anti-monopolists  refused  to  support  the  election  of 
Mr.  Lee,  and  several  of  the  democratic  candidates  for  the 
assembly.*  They  nominated  C.  G.  Ferris  for  congress, 
and  tiiroe  or  four  candidates  for  the  assembly.  This  ticket 
received  four  or  five  thousand  votes,  but  the  Tammany 
ticket  eventually  succeeded. 

After  the  election,  various  meetings  were  held  with  a 
view  of  organizing  a  political  party,  and  at  length,  in  Jan- 
uary, 1830,  a  county  convention  assembled  and  framed  a 
constitution  and  a  code  of  by-laws  for  the  regulation  and 
government  of  the  new  party.  A  declaration  of  rights, 
drawn  by  Dr.  Moses  Jacques,  was  presented  to  the  conven- 
tion and  adopted,  of  which  the  following  is  a  copy  : 

"  DECLARATION  OF  RIGHTS." 

'•  1.  We  hold  these  truths  to  be  self-evident,  that  all 
men  are  created  free  and  equal;  that  they  are  endowed  by 
their  Creator  with  inherent  inalienable  rights  ;  among 
which  are  life,  liberty,  and  the  pursuit  of  happiness. 

'•  2.  That  the  true  foundation  of  republican  government 
is  the  ecjual  rights  of  every  citizen,  in  his  person  and  pro- 
perty, and  in  their  management. 

"  3.  That  the  idea  is  quite  unfounded,  that  on  entering 
mto  society  we  give  up  any  natural  right.     The  rightful 

*  The  names  of  the  Tammany  candidates  to  whom  the  anti-monopolisls  objected, 
were  Benjamin  Ringgold,  George  Sharpe,  Ezra  9.  Conner  and  Jesse  West  ;  the  substi- 
tntes  |)ro|)osed  were  Job  Haskell,  John  W.  Vethake,  John  Windt  and  Rodney  S. 
Church. 


1836.]  OF    NEW-YORK.  493 

power  of  all  legislation  is  to  declare  and  enforce  only  our 
natural  rights  and  duties,  and  to  take  none  of  them  from 
us.  No  man  has  a  natural  right  to  commit  aggression  on 
the  equal  rights  of  another  ;  and  this  is  all  from  which  the 
law  ought  to  restrain  him.  Every  man  is  under  the  na- 
tural duty  of  contributing  to  the  necessities  of  society  ; 
and  this  is  all  the  law  should  enforce  on  him.  When  the 
laws  have  declared  and  enforced  all  this,  they  have  fulfil- 
led their  functions. 

"  4.  We  declare  unqualified  hostility  to  bank  notes  and 
paper  money  as  a  circulating  medium,  because  gold  and 
silver  is  the  only  safe  and  constitutional  currency. 

"  5.  Hostility  to  any  and  all  monopolies  by  legislation, 
because  they  are  violations  of  the  equal  rights  of  the  peo- 
ple. 

"6.  Hostility  to  the  dangerous  and  unconstitutional 
creation  of  vested  rights,  or  prerogatives  by  legislation, 
oecause  they  are  usurpations  of  the  people's  sovereign 
rights. 

"  7.  That  no  legislative  or  other  authority  in  the  body 
politic  can  rightfully,  by  charter  or  otherwise,  exempt  any 
man  or  body  of  men,  in  any  case  whatever,  from  trial  by 
jury  and  the  jurisdiction  or  operation  of  the  laws  which 
govern  the  community. 

"  8.  We  hold  that  each  and  every  law,  or  act  of  incor- 
poration, passed  by  preceding  legislatures,  can  be  rightful- 
ly altered  or  repealed  by  their  successors  ;  and  that  they 
should  be  altered  or  repealed,  when  necessary  for  the  pub- 
lic good,  or  when  required  by  a  majority  of  the  people." 

The  sixth  article  of  the  constitution  of  this  association 
was  in  the  following  words  : 

"  No  person  shall  be  considered  eligible  for  nomination 
who  has  not  signed  the  declaration  of  rights. 

"  Each  candidate  for  office  shall  be  required  to  sign 
such  written  pledge  as  the  equal  rights  party  may  frame, 


494  POLITICAL    HISTORY  [1836. 

enumerating  particular  measures  he  is  to  advocate  or  op- 
pose." 

At  this  meeting  the  convention  assumed  the  name  of  the 
Equal  Rights  party. 

Perhaps  no  poHtical  party  ever  existed  in  the  state 
whicli  has  been  the  subject  of  more  severe  animadversion 
and  attack  than  this  party.  All  the  chartered  moneyed  in- 
stitutions, and  the  whole  influence  of  associated  wealth 
were  against  them.  The  newspaper  press  of  both  parties, 
with  the  single  exception,  I  believe,  of  the  Evening  Post, 
then  conducted  by  those  unshaken  and  indomitable  demo- 
crats, William  Leggett  and  William  C.  Bryant,  was  loud 
in  its  denunciations.  The  Evening  Post  did  not  justify 
their  organization  as  a  distinct  party,  but  it  advocated  with 
great  zeal  and  ability  many  of  their  principles. 

The  first  glance  at  the  declaration  of  rights  which  this 
association  put  forth,  demonstrates  their  determination  to 
recur  to  first  principles,  and  to  form  their  new  party  solely 
with  reference  to  the  principles  of  its  members,  and  with 
an  utter  disregard  to  the  political  party  to  which  the  can- 
didate for  admission  into  full  communion  with  the  equal 
rights  party  had  belonged.  Some  of  the  most  active  and 
efficient  movers  in  organizing  this  new  party  were  Moses 
Jacques,  Alexander  Ming,  jr.,  F.  Byrdsall,  Levi  D.  Slamm, 
John  Windt,  James  L.  Stratton,  Pascal  B.  Smith  and  John 
II.  Hunt.  I  am  but  slightly  acquainted,  personally,  with 
any  of  these  gentlemen.  They  are  reputed  to  be  men 
of  good  standing  and  character,  and  some  of  them  I  know 
to  be  talented,  honest  and  patriotic.  I  can  not  entertain 
a  doul)t  but  that  a  large  majority  of  those  who  engaged 
in  this  enterprise  did  »j  from  a  sense  of  duty,  and  with- 
out the  hope  or  desire  of  obtaining  any  esj)ecial  indi- 
vidual benefit  from  the  political  course  they  were  then 
taking.  But  like  all  reformers,  they  undoubtedly  became 
ultra  in  some  of  their  });>litical    doctrines,  among  which 


1836.] 


OF    NEW-YORK. 


495 


maybe  montioned  the  fourth  and  eighth  articles  oftiirir 
declaration   of  rights.* 

At  the  city  charter  election  in  the  spring  of  1(S.3G.  the 
equal  rights  party  nominated  Alexander  Ming,  jr.,  for 
mayor,  and,  as  I  believe,  full  charter  tickets  in  most  of 
the  wards.  The  whigs  nominated  candidates  for  city  offi- 
cers. Nearly  three  thousand  votes  were  given  for  the 
loco-foco  candidates.  Mr.  Ming  received  about  two  thou- 
sand seven  hundred  votes  for  mayor.  These  votes  were 
mostly  given  by  persons  who  had  belonged  to  the  demo- 
cratic party,  and  the  result  was,  that  that  year,  the  whigs 
had  an  equal  representation  with  the  democrats  in  the 
common  council  ;  although  Mr.  Lawrence,  the  Tammany 
candidate  for  mayor,  had  a  large  majority  over  all  his  op- 
ponents. 

Imm.ediately  after  the  result  of  the  cliarter  election  was 
known,  and  on  the  15th  of  April,  a  meeting  of  the  equal 
rights  party  was  held  at  the  Military  and  Civic  Hotel, 
Bovv^ery,  at  which  Dr.  Jacques  was  chosen  chairman,  and 
Levi  D.  Slamm  and  F.  Hasbrouck,  secretaries.  They  were 
rather  cheered  than  disheartened  after  this  trial  of  their 
strength,  and  manifested  a  determination  to  preserve  their 
organization  in  the  several  wards  in  the  city,  and  "main- 
tain it  with  increased  vigilance  and  perseverance."  Before 
they  adjourned,  they  adopted  several  spirited  resolutions. 

Early  in  the  summer  of  1830,  a  romniittee  of  the  equal 
rights  party,  consisting  of  G.  W.  Matsi-ll,  Daniel  Gorham, 
F.  Byrisall,  John  Drincker  and  John  Windt,  addressed  a 
letter  to  Col.  Young,  containing  a  copy  of  the    "  declara- 


*  In  March,  1.^36,  Mr.  Joh:i  VViriilf,  a  printer  by  profession,  and  a  worlliy  and  mnri- 
torious  cititen,  roininenced  the  publication  of  a  daily  ji.ijjei  which  he  entitled  "  7'/.e 
T'emucral,"  and  wiiich  was  retranied  as  tlie  orsran  of  the  equal  ri,'hts  party.  I  have 
licen  favored,  l)y  Mr.  \Vlndt,  with  the  loan  of  a  file  of  tliis  paper,  and  liave  very  hastily 
examined  it.  I  rejrret  that  I  did  not  receive  it  hefore  I  had  conipicte.l  the  brief  history 
1  have  attempted  to  sive  of  the  New-York  lo'o-focos,  and  indeed  until  after  some 
part  of  this  cliapter  was  in  type.  A  tile  of  the  neniocrat  deserves  to  be.  and  I  liope  will 
be  preserved. 


496  POLITICAL    HISTORY.  [1836. 

tion  of  principles,"  and  requesting  liini  to  answer,  whether 
he  approved  of  those  principles  ;  and  if  that  answer  should 
be  in  the  alRrmative,  they  assured  him  of  tlie  determina- 
tion of  the  party  to  nominate  him  for  governor.  To  this 
communication  Col.  Young  replied,  peremptorily  declin- 
ing to  be  a  candidate  for  governor.  He,  however,  mani- 
fested his  approbation  of  the  most  of  the  articles  contained 
in  the  declaration  of  rights  ;  I  believe,  all,  except  the 
fourth,  which  declares  "uncompromising  hostility  to  bank 
notes  and  paper  money  as  a  circulating  medium."  Col. 
Y.'s  letter  is  of  considerable  length,  and  written  like  every 
thing  else  which  is  written  by  him,  with  great  ability. 
He  disapproves  of  the  conduct  of  the  loco-focos  in  detach- 
ing themselves  from  the  democratic  party.  The  oomniit- 
tee,  on  the  5th  of  August,  replied  to  Col.  Young,  in  which, 
while  they  speak  highly  of  his  talents  and  patriotism  ad- 
here to  their  determination  of  maintaining  a  distinct  partv 
organization,  and  state  their  reasons  for  persisting  in  that 
determination.  This  reply,  I  was  informed,  was  written 
by  Mr.  F.  Byrdsall,  one  of  the  committee,  and  evinces 
talents  of  a  high  order.  The  correspondence  ought  to  be 
preserved.  Its  perusal  can  not  fail  of  deeply  interesting 
the  reader  ;  and  its  style  and  iiianner  are  creditable  to  the 
authors  of  it. 

Previous  to  the  state  election  in  November,  183{),  the 
equal  rights  party  again  rallied  and  attempted  to  foim  a 
state  party  under  that  cognomen.  On  the  15th  of  Se|> 
tembcr  a  convention  was  held  at  Utica,  which  was  attend- 
ed by  delegates  from  various  counties  in  the  state.  At 
that  convention  Ivobert  Townsend,  jun.,  of  New- York, 
since  known  as  an  efficient  member  of  the  legislature,  was 
chosen  president ;  John  Calkins,  of  Genesee  county,  and 
E.  Dorchester,  of  Orieida,  vicc-jiresidents  ;  and  \V.  C. 
Foster,  of  Monroe,  and  J.  McCully,  of  Genesee,  secre- 
taries.     The    proceedings  of  this  convention  evince  the 


183G.]  OF    NEW-YORK.  497 

same  fearless  and  determined  spirit  which  was  exhibited 
by  the  New- York  county  convention.  In  their  first  reso- 
lution they  say  : 

"  Whereas,  in  consequence  of  the  long  continued  pos- 
session of  power  which  is  but  too  a})t  to  corrui)t  those 
whom  the  people  have  chosen  to  make  their  laws,  either 
forgetting  or  contemning  the  source  of  their  authority, 
have,  for  a  series  of  years,  legislated  for  the  benefit  of  a 
moneyed  aristocracy  of  their  own  creation,  rather  than  for 
the  people,  whose  interests  and  happiness  they  were  cho- 
sen to  promote  and  to  guard  : 

"  Therefore,  Resolved,  That,  in  the  opinion  of  this  con- 
vention, it  is  an  imperative  duty  which  the  people  owe  to 
themselves  and  to  their  children,  to  recur  to  Ji7'st  princi- 
ples, and  repudiating  the  prejudices  which  have  bound 
them  to  the  two  contending  factions  of  this  state,  to  select 
their  own  candidates,  and  to  honor  with  their  confidence 
such  men  only  as  will  conscientiously  and  fearlessly  con- 
sult the  good  of  all  their  constituents." 

They  reiterate  and  adopt  the  declaration  of  rights  drawn 
by  Dr.  Jacques.  Among  other  resolutions  adopted  by  the 
convention,  the  following  is  worthy  of  all  praise  : 

"  Resolved,  That  as  education  is  essential  to  the  de- 
velopment of  the  human  mind,  in  whatever  situation  it 
may  be  placed,  so  it  is  peculiarly  essential  to  the  well-be- 
ing of  a  free  community,  where  the  right  of  suffrage  is 
universal,  that  men  should  be  able  to  exercise  that  right 
intelligently  ;  and  that  it  is  the  imperative  duty  of  all 
men,  and  more  especially  of  the  laboring  and  producing 
classes,  to  use  every  effort  to  secure  the  present  and  com- 
ingr  generations  the  blessings  of  universal  education,  and 
that,  as  patriots,  as  philanthropists,  as  Christians,  we  are 
called  upon  to  move  forward  with  united  purpose,  and  not 
rest  until,  like  the  breath  of  heaven,  knowledge  shall  be 

equally  accessible  to  all." 

Ff 


493  POMTICAL    HISTORY  [1836. 

Tlie  convention  published  an  address  to  the  people,  in 
which,  among  other  things,  they  recommend  the  election 
of  all  judicial  officers  by  the  people,  and  that  their  term  of 
service  be  limited  to  tliree  years.  Towards  the  conclu- 
sion they  say — 

"  Fellow  Citizens — Too  long  have  Ave  been  estranged 
from  each  other  by  party  leaders  and  party  prejudices,  un- 
til we  find  ourselves  involved  in  a  labyrinth  of  difficulties, 
dangers  and  oppressions.  While  wc  have  been  contend- 
ing about  names,  principles  have  been  lost  sight  of.  And 
while  we  have  been  amused  with  a  shadow,  the  substance 
lias  been  surreptitiously  taken  from  us.  Lot  us  now  profit 
by  past  errors — let  us  divest  ourselves  of  all  party  feel- 
ings, party  prejudices,  and  attachments  to  party  leaders, 
and  unite  to  support  and  carry  out  correct  principles  and 
correct  measures.  In  a  republic,  but  few  laws  are  neces- 
sary, and  those  few  plain,  simple,  and  easy  of  compre- 
hension." 

Before  adjourning,  the  convention  nominated  Isaac  S. 
Smith  of  Buffiilo  for  governor,  and  Mr.  Townsend  for 
lieutenant  governor.  This  nomination  Mr.  Townsend  de- 
clined, and  thereupon  Moses  Jacques  was  nominated  for 
that  office.  They  also  appointed  a  state  corresponding 
committee,  consisting  of  Messrs.  Dorchester,  Edwards  and 
Bushnel. 

In  New-York,  the  equal  rights  party  nominated  for  sen- 
ate, Frederick  A.  Tallmadge. 

For  congress — Stephen  Ilasbrouck,  Edward  Curtis, 
James  Monroe  and  Ely  Moore. 

For  assembly — Clinton  Roosevelt.  Robert  Townsend, 
jr.,  Alexander  (^ray,  Edward  J.  Webb,  Hiram  Tnpper, 
George  W.  Mataell,  Job  H  iskcll,  John  Windt,  William 
F.  Piatt,  John  Wilder,  Charles  Hunter,  Edward  G.  Bar 
ncv.  Georee  Dixov. 


1837.]  6P  NEW-voRK.  499 

Messrs.  Tallmadge  and  Curtis  were  known  to  bo  whin-s, 
hut  both  of  them  signed  the  pledge,  that  they  would  sup- 
port and  carry  out  the  principles  of  the  equal  rights  party 
as  contained  in  their  declaration  of  rights. 

The  whig  party  in  New-York  soon  after,  as  1  am  in- 
formed, nominated  Mr.  Tallmadge  as  their  candidate  for 
the  senate,  and  Mr.  Curtis  for  congress.  It  is  not  impro- 
bable that  the  intention  of  the  whigs  to  nominate  these 
gentlemen  was  known  to  the  loco-foco's  before  tliat  party 
nominated  them. 

The  Tammany  party  had  nominated  Morgan  L.  Smith, 
and  again  selected  Gideon  Lee,  persons  who  were  pecu- 
liarly odious  to  the  loco-focos,  as  the  democratic  candi- 
dates for  congress  ;  and  it  is  probable  that  the  anxiety  of 
the  leaders  of  the  equal  rights  party  to  defeat  these  gen- 
tlemen, was  a  principal  reason  why  they  placed  on  their 
ticket  two  such  distinguished  whigs  as  Tallmadge  and 
Curtis.  The  whigs,  believing  themselves  to  be  in  the 
minority  in  the  city,  in  forming  their  assembly  ticket, 
selected  two  of  the  loco-foco  candidates,  R.  Townsend,  jr., 
and  Clinton  Rooesvelt. 

The  election  resulted,  by  the  aid  of  the  whig  votes,  in 
favor  of  the  following  persons,  who  were  originally  nomi- 
nated by  the  loco-focos  : 

Frederick  A.  Tallmadge,  senator  from  the  first  district ; 
Edward  Curtis  for  Congress  ;  and  Robert  Townsend,  jr., 
and  Clinton  Roosevelt  for  the  assembly. 

At  the  charter  election  in  the  spring  of  1837,  the  equal 
rights  party  nominated  and  supported  an  entire  ticket, 
composed  of  loco-focos  proper.  The  whigs  and  demo- 
crats also  severally  formed  entire  tickets.  Dr.  Jacques 
was  the  candidate  of  the  equal  rights  party  for  mayor, 
and  they  gave  him  more  than  four  thousand  votes.  The 
strong  vote  given  by  this  party  put  the  whigs  in  posses- 
sion of  the  government  of  the  city. 


500  POLITICAL  HISTORY.  [1837. 

In  September,  1837,  the  equal  rights  party  held  another 
state  convention  at  Utica.  It  was  organized  by  the  ap- 
pointment of  Robert  Townsend,  jr.  president ;  David  Can- 
field  of  Genesee,  and  Harvey  Bushnel  of  Oneida,  vice-pre- 
sidents ;  and  William  H.  Hale  of  Kings,  Andrev^^  Hanna 
of  Oneida,  and  Daniel  A.  Robertson  of  Weschester,  secre- 
taries. This  convention  devised  a  constitution  for  the 
state  of  Nevi^-York,  which  they  submitted  to  the  people,  I 
suppose,  principally  for  the  purpose  of  placing,  in  one 
body,  distinctly  before  the  community,  the  great  outlines 
of  their  principles. 

Their  definition  of  the  rights  of  man,  in  the  second 
clause  of  the  first  article,  is  excellent.  It  is  in  the  fol- 
lowing words  : 

"  Man's  natural  right  of  person  are,  his  right  to  exist, 
and  to  enjoy  his  existence  ;  and  the  right  to  exercise  those 
physical  and  mental  faculties  with  which  nature  has  en- 
dowed him.  Man's  natural  rights  in  relation  to  things 
are,  his  rights  to  the  things  produced  by  the  exercise  of 
his  personal  endowments,  and  his  right  to  participate  in 
those  bounties  which  nature  has  equally  given  to  all. 
Right,  as  relates  to  actions,  is  that  principle  of  equality 
which  teaches  man  to  do  to  others  as  he  would  that  others 
should  do  to  him.  Those  acts  are  naturally,  politically 
and  morally  right,  which  may  be  done  by  all  without  in- 
jury to  any." 

I  shall  point  out  only  those  parts  of  this  instrument 
which  materially  differ  from  the  present  constitution  of  the 
state. 

On  the  subject  of  the  legislative  power  to  grant  char- 
ters, the  proposed  constitution  provides  that  : 

"  §  6.  The  legislature  shall  not  charter  or  create  any 
corporate  or  artificial  body,  nor  confer  on  any  individual 
or  company  either  exclusive  advantages  or  special  privi- 
leges. 


1837.]  OP   NEW-YORK.  801 

"  §  7.  The  legislature  shall  not  borrow  money  or  con- 
tract loans  in  the  name  of  the  people  :  but  it  may  submit 
bills  authorizing  public  loans  to  the  people,  which  bills 
shall  become  binding  when  ratified  by  a  majority  of  the 
voters  at  a  general  election.'' 

It  would  occupy  a  larger  space  than  the  limits  I  had 
prescribed  for  this  sketch  will  allow,  were  I  to  attempt  to 
describe  the  judicial  system  proposed  by  the  convention. 
It  is  novel  and  ingenious.  It  proposes  that  all  the  judges 
shall  be  elected  by  the  people,  and  with  this  single  excep- 
tion, I  must  be  allowed,  at  the  hazard  of  being  charged 
with  heresy,  to  say,  that  I  think  it  in  some  respects  pre- 
ferable to  our  present  system.  Among  other  novelties,  is 
the  plan  it  proposes,  to  substitute  a  court  of  appeals,  con- 
sisting of  forty  or  more  district  judges,  for  the  existing 
court  for  correction  of  errors  ;  and  what  is  most  curious, 
and  to  rne  entirely  new,  it  proposes,  that  when  these 
judges  are  assembled,  they  shall  choose  a  president ;  and 
that  thereupon  "juries  of  twelve  men  each  shall  then  be 
drawn  from  the  judges  present.  These  juries  shall  sit  by 
alternation,  or  as  cases  may  require,  in  the  jury  box,  hear 
cases,  retire,  and  bring  in  their  verdicts,  in  like  manner  as 
other  juries." 

The  proposed  constitution  abolishes  capital  punishment, 
and  provides  that  ''all  frauds  shall  be  punished  as  felo- 
nies." On  the  subject  of  legal  coercive  means  of  enforc- 
ing the  performance  of  contracts,  section  ten  of  article 
eight  proposes,  that  "  No  law  shall  be  valid  for  the  forci- 
ble collection  of  debts  arising  from  voluntary  agreement 
between  individuals,  wherein  one  party  relinquishes  his 
right  to  and  possession  of  any  species  of  property  on  the 
promise  by  the  other  party  of  another  thing  or  equivalent. 
[This  section  shall  apply  only  to  debts  contracted  after  the 
adoption  of  this  constitution.]" 


502  POLITICAL.    HISTORY.  [1837« 

But  the  existence  of  the  equal  rights,  as  a  distinct  third 
political  party,  was  now  drawing  to  a  close.  Previous  to 
the  election  in  November,  1837,  it  amalgamated  with  the 
two  other  great  parties.  In  the  city  of  New-York,  an 
immense  majority  of  the  loco-foco  party  fell  back  into  the 
ranks  of  the  democratic  party. 

I  have  some  where  before  remarked,  that  three  parties 
can  not,  for  any  considerable  time,  exist  in  a  state  ;  but 
there  were  one  or  two  prominent  causes  which  hastened 
the  annihilation  of  the  loco-foco  party.  The  first  I  shall 
mention,  was  Mr.  Van  Buren's  message  to  congress  at  the 
extra  session  of  September,  1837,  which  was  received  with 
the  entire  and  cordial  approbation  of  the  equal  rights 
party.  What  rendered  it  the  more  pleasing  to  that  party, 
was  that,  if  it  did  not  place  the  president  in  an  attitude  of 
war  against  the  banks,  it  at  all  events  placed  the  banks  in 
a  belligerent  attitude  against  him. 

Although  the  party  had  existed  for  nearly  two  years  in 
the  city,  very  few  persons  in  the  country  had  joined  their 
standard.  The  prospect  therefore,  of  becoming  a  suc- 
cessful state  party  without  the  aid  of  the  entire  whig  party, 
was  extremely  remote,  if  not  perfectly  hopeless.  How 
much  the  loco-foco  party  could  depend  on  the  whigs  to 
carry  out  their  principles,  was  evinced  by  the  conduct  of 
Tallmadge  and  Curtis,  who  no  sooner  had  obtained  their 
election,  than  they  seemed  to  be  in  haste  to  convince  their 
loco-foco  friends  that  they  did  not  intend  to  be  bound  by 
their  pledges.  I  am  assured  by  a  gentleman  perfectly  well 
acquainted  with  the  political  action  of  the  loco-focos,  that 
"  the  political  course  of  Edward  Curtis  and  F.  A.  Tall- 
madge so  displeased  the  equal  rights  party  as  disposed  it 
more  than  any  thing  else  to  a  re-union  with  the  democratic 
republican  party."'  Committees  of  conference  were  cre- 
ated as  well  by  the  Tammany  as  by  the  equal  rights  party; 
several  friendly  meetings  were  held  between  these  com- 


1837.]  OF    NEW-YORK.  50.T 

mittees  as  the  representatives  of  thcnr  respective  [)arties, 
and  finally  a  declaration  of  principles,  drawn  by  the  e(juul 
rights  men,  was  formally  adopted  by  the  general  commit 
tee  of  Tammany  Hall,  and  the  union  was  eflecttd  in  (Oc- 
tober, 1837. 

A  correspondent  possessing  a  highly  enlightened  arid 
philosophic  mind,  after  speaking  of  the  loco-foco  party, 
adds — "  The  workingmen's  party  and  the  equal  rights 
party  have  operated  as  causes  producing  effects  that  will 
shape  the  course  of  the  two  great  parties  of  the  United 
States,  and  consequently  the  destinies  of  this  great  repub- 
lic. The  mere  party  politician  cannot  see  this  ;  but  to 
him  who  discerns  the  philosophy^  of  historical  events,  it 
will  be  of  deep  interest." 


504  POLITICAL    HISTOUV  [1839. 


CHAP  T  E  U  X  L 1 1 . 

TROM  JANUARY  1,  l^S9,  TO  DECEMDF.R,  IFIO. 

The  legislature  assembled  on  the  1st  dav  of  Jaiiiinrv, 
1839. 

Cfcorge  W.  Patterson,  of  Livington  county,  was  cho- 
sen speaker.  He  received  seventy-nine  votes  and  was 
elected  ;  forty-one  .votes  wore  given  to  Thomas  Arm- 
strong, the  democratic  candidate,  and  one  vote  was  given 
to  James  R.  Lawrence,  of  Onondaga,  jirobably  by  Mr. 
I'atterson.  I  cannot  name  Mr.  Lawrence  without  stopping 
to  add,  even  in  this  brief  sketch,  that  he  was  one  of  the 
njost  candid,  upright  and  useful  niembers  of  that  house. 

The  governor's  message,  though  obnoxious  to  the  com- 
j-lainl  I  have  so  often  made  in  relation  to  similar  commu- 
nications, in  being  too  long,  was  an  able  document,  and 
written  in  an  easy  and  elegant  style.  In  the  first  part  of 
it  he  made  several  insmuations  against  the  party  wliich 
lately  had  had  possession  of  the  state  government,  and  in- 
deed in  various  other  parts  are  to  be  found  pretty  severe 
reflections  upon  their  policy.  He  intimates  an  opinion 
that  too  much  power  and  patronage,  and  too  great  a  lati- 
tude of  discretion  had  been  conferred  on  the  canal  com- 
missioners. On  that  supject  he  makes  the  following  judi- 
ciouns  remarks: 

"  With  the  extension  of  our  internal  improvements,  there 
has  been  an  immense  and  unlocked  for  enlargment  of  the 
financial  operations  and  the  official  power  and  i)atronage 
of  the  canal  commissioners  and  the  canal  board.  These 
operations  are  conducted,  and  this  power  and  patronage 
exercised  and  dispensed  with  few  of  those  requirements  as 
to  accountability  and   publicity  enforced   with  scrupulous 


1839.]  OP    NEW-YORK.  505 

care  in  every  other  department  of  the  government.  So 
inconsistent  and  unequal  are  the  best  eflbrts  to  maintain 
simplicity,  uniformity  and  accountability  throughout  the 
various  departments,  that  a  great,  mysterious  and  unde- 
fined power  has  thus  grown  up  unobserved,  while  the  ]mb- 
lic  attention  has  exhausted  itself  in  narrowly  watching  the 
action  of  more  unimportant  functionaries.  It  is  a  propo- 
sition worthy  of  consideration,  whether  greater  economy 
and  efficiency  in  the  management  of  our  present  public 
works,  would  not  be  secured  ;  a  wiser  direction  given  to 
efforts  for  internal  improvement  throughout  the  state,  and 
a  more  equal  diffusion  of  its  advantages  be  effected  by 
constituting  a  board  of  internal  improvements,  to  consist 
of  one  member  from  each  senate  district.  This  board 
might  be  divided  into  two  classes,  the  term  of  one  of 
which  should  expire  annually.  It  should  discharge  all 
the  duties  of  the  present  canal  board  ;  should  audit  all 
accounts,  have  the  general  superintendence  of  the  canals, 
and  all  other  public  works,  with  powers  of  investigation 
in  regard  to  those  in  which  the  state  has  an  interest  by 
loan  or  otherwise ;  report  upon  all  special  ajtplications  for 
surveys,  or  aid,  and  annually  submit  a  detailed  statement 
of  its  proceedings  to  the  legislature.  It  is  the  worst  econ- 
omy to  devolve  upon  officers  constituted  for  one  depart- 
nent,  duties  appurtenant  to  others.  Its  universal  results 
are  diminished  responsibility  and  diminished  efficiency  in 
both  the  principal  and  incidental  departments." 

On  the  subject  of  the  lunatic  asylum,  then  being  con- 
structed, the  governor  expresses  his  sentiments  in  a  man- 
ner very  impressive.  He  says,  "Among  all  His  blessings, 
none  calls  so  loudly  for  gratitude  to  God  as  the  preserva- 
tion of  our  reason.  Of  all  the  inequalities  in  the  social 
condition,  there  is  none  so  affecting  as  its  privation.  He 
sees  fit  to  cast  upon  our  benevolent  care  those  whom  he 
visits  with  that   fearful  afiUction.     It  would  be  alike  un- 


506  POLITICAL    HISTORY  [1839. 

feeling  and  ungrateful  to  withhold  it.     Let  then  this  noble 
charity  be  carried  forward." 

He  recommends  important  reforms  in  our  judicary  es- 
tablishment. He  speaks  in  terms  of  high  commendalion 
of  the  system  of  free  banking.  He  disppproves  of  tax- 
ation for  the  purpose  of  internal  improvement,  but  ha  re- 
commends tlie  speedy  enlargement  of  the  Erie  canal,  and 
suggests  various  other  improvements  by  roads  and  canals. 
He  proposes  three  great  lines  of  I'ailroad  through  the 
state,  a  northern,  middle  and  southern,  and  he,  in  sub- 
stance, endorses  the  report  of  Mr.  Ruggles  to  the  assem- 
bly in  the  session  of  1838,  in  respect  to  the  finances  of 
the  state,  and  its  true  policy  in  relation  to  the  construc- 
tion of  railroads  and  canals.  In  allusion  to  the  past 
achievments  of  the  state,  he  makes  the  following  just  re- 
marks ;  and  every  New  Yorker  must  feci  a  laudable  state 
pride,  because  they  are  just : 

"  History  furnishes  no  parallel  to  the  financial  achieve- 
ments of  this  state.  It  surrendered  its  share  in  the  na- 
tional domain,  and  relinquished  for  the  general  welfare  all 
the  revenues  of  its  foreign  commerce,  equal  generally  to 
two-thirds  of  the  entire  expenditure  of  the  federal  govern- 
ment. It  has  nevertheless  sustained  the  expenses  of  its 
own  administration,  founded  and  endowed  a  broad  system 
of  education,  charitable  institutions  for  every-  class  of  the 
unfortunate,  and  a  penitentiary  establishment  which  is 
adopted  as  a  model  by  civilized  nations.  It  has  increased 
four-fold  the  wealth  of  its  citizens,  and  relieved  them 
from  direct  taxation  ;  and  in  addition  to  all  this  has  carried 
forward  a  stupendous  enterprise  of  improvement,  all  the 
while  diminishing  its  debts,  magnifying  its  credit,  and  aug- 
menting its  resources." 

He  adds,  with  great  propriety,  and  what  ought  never  to 
be  forgotten,  that : 


L 


1839.] 


OF  NEW-VOUK. 


507 


"  This  cheering  view  of  our  condition  ought  to  encour- 
age neither  prodigality  of  expenditure  nor  lc'gislatit)n  of 
doubtful  expediency.  All  a{>pro|)riations  for  purpost;s  of 
internal  inij)rovenient  ought  to  be  made  with  a  view  and 
constant  purpose  to  call  into  co-operation  individual  capi- 
tal and  enterprise.  Rigid  economy  ought  to  be  enforced, 
and  perfect  accountability  exacted,  in  this  as  in  every 
other  department  of  the  public  service." 

The  governor  closes  his  message  with  the  following 
very  handsome  tribute  of  respect  to  the  merits  of  the  late 
Gov.  Clinton  : 

•' It  is  now  eleven  years  since  this  state  was  suddenly 
called  to  mourn  the  death  of  a  citizen,  who  illustrated  her 
history  by  a  life  of  eminent  public  usefulness.  His  death 
happened  in  the-maturity  of  his  manhood,  and  while  yet 
the  wisdom  of  his  policy  and  the  purity  of  his  motives 
were  loudly  questioned.  Experience  has,  more  rapidly 
than  the  almost  inspired  enthusiasm  of  his  genius  antici- 
pated, sanctioned  the  one,  and  posterity  has  made  extra- 
ordinary haste  to  vindicate  the  other.  His  remains  still 
rest  in  that  vault  of  a  private  friend  which  hospitably  re- 
ceived them  as  a  sacred  trust,  until  an  auspicious  period 
for  more  fitting  public  obsequies  should  arrive.  He  is  un- 
derstood to  have  left  to  his  children  no  inheritance  but 
what  they  enjoy  in  common  with  all  their  fellow-citizens — 
his  fame  and  abounding  public  prosperity.  The  custom 
of  honoring  the  dead  commends  itself  to  the  natural  sen- 
timents of  mankind  ;  and  although  in  ignorant  and  de- 
praved countries  it  has  been  abused  by  the  erection  of 
pyramids,  and  temples,  and  tombs,  to  preserve  the  ashes 
of  tyrants,  it  cannot,  among  an  enlightened  people,  be 
otherwise  than  right  and  expedient  to  perpetuate  the  me- 
mory of  public  benefactors,  and  thus  stimulate  and  en- 
courage emulation  of  their  deeds.  Our  state  early  fol- 
lowed the  good    example,   by  providing  a  tomb  for  the 


508  POLITICAL    HISTORY  [1839. 

ashes  of  a  gallant  soldier  who  fell  m  her  service  in  a  for- 
eign land.  It  cannot  be  too  often  remembered  or  practi- 
cally illustrated,  that  worthy  as  military  renown  is  of  pos- 
thumous honors,  civic  virtues  less  frequently  attain  their 
just  reward  ;  that  statesmen  pass  an  ordeal  more  trying 
than  the  field  of  battle,  and  that  the  history  of  this  state 
records  the  fame  of  many  valiant  generals,  while  it  has 
witnessed  only  one  personification  of  the  genius  and  vir 
tues  of  De  Witt  Clinton..  I  therefore  respectfully  re- 
commend that  the  ashes  of  that  illustrious  citizen  be  de- 
posited underneath  a  monument  to  be  erected  in  this  city." 
In  pursuance  of  this  earnest  recommendation,  a  few  days 
after  the  opening  of  the  session,  a  bill  was  originated  in 
the  assembly,  which  provided  for  the  erection  of  the  pro- 
posed monument ;  but  it  failed  of  being  passed  into  a  law. 
Many  of  the  democratic  members  professed  to  believe  that 
in  a  republican  government,  it  was  unwise  to  establish  a 
precedent  for  the  erection  of  monuments  in  favor  of  any 
individual  ;  and  that  it  tended  to  a  species  of  man  worship; 
others,  who  were  really  opposed  to  the  bill,  in  order  to 
defeat  it,  proposed  amendments,  providing  for  the  erection 
of  monuments  to  other  distinguished  deceased  statesmen. 
Thus,  Mr.  Hunt*  of  Oneida,  moved  that  the  committee 
charged  with  that  part  of  the  governor's  message  which 
related  to  a  monument  to  be  erected  over  the  remains  of 
De  Witt  Clinton,  be  instructed  to  inquire  into  the  expedi- 
ency of  erecting  a  monument  to  the  memory  of  General 
Herkimer  ;  and  Mr,  Enos  of  Madison,  offered  a  like  reso- 
lution in  respect  to  George  Clinton.  The  fact  was,  that 
many  of  the  political  friends  of  the  governor,  as  well  as  a 
portion  of  the  democratic  members  of  the  assemblv,  had 
been  very  actively  opposed  to  Mr.  Clinton  in  his  life  time, 

*.Mr.  Iliiiil  is  a  frpiitlciiian  of  liberal  and  enlarged  views   and   may  have  been,  and 
proliably  was,  governed  by  other  motives  than  those  ascribed  to  iiiin  in  the  text. 


1839.]  OF  NEW-vouK.  509 

and  one  would  think,  the  remains  of  old  prejudices  on 
their  minds,  rendered  them  indisposed  to  carry  into  ellect 
this  recommendation  of  Mr.  Seward. 

During  the  month  of  January,  the  excellent  and  amiable 
Stephen  Van  Rensselaer  died  after  a  long  and  lingcrino' 
illness.  No  citizen  of  Albany,  or  perhaps  of  the  state, 
ever  did,  or  it  may  be,  ever  will  depart  this  life  more  uni- 
versally, more  deeply  and  more  sincerely  lamented  tlian 
this  excellent  man.  He  was  the  friend  of  the  poor,  and  a 
bright  example  to  the  rich  ;  a  benevolent  and  useful  citi- 
zen ;  a  Christian  and  a  patriot. 

Mr.  Taylor  of  Oneida,  who  had  last  year  distinguished 
himself  for  his  opposition  to  the  small  bill  law,  on  the  first 
business  day  of  the  present  session,  gave  notice  that  he 
should  bring  in  a  bill  for  the  unconditional  repeal  of  that 
law,  and  the  next  day  brought  in  such  bill.  A  few  days 
afterwards,  Mr.  Skinner,  a  democratic  senator  from  the 
fifth  district,  introduced  into  the  senate  a  similar  bill. 
Thus  it  was,  that  the  leaders  of  the  two  parties  seemed  to 
be  running  a  race  for  popularity  on  the  small  bill  ques- 
tion. The  bill  brought  in  by  Mr.  Taylor,  eventually 
passed  both  houses  and  became  a  law.  Mr.  Young  and 
Mr.  Spraker  were  the  only  members  of  the  senate  who 
voted  against  it. 

In  politics,  apparently  trifling  causes  frequently  pro- 
duce great  and  momentous  results  ;  and,  as  if  in  confirma- 
tion of  the  truth  of  this  position,  there  are  many  who 
believe  that  a  refusal  to  pass  a  law  in  1837,  authorizing 
the  banks  to  issue  small  bills,  produced  the  political  revo- 
lution which  occurred  in  this  state  in  the  autumn  of  that 
year.  This  is  my  apology  for  troubling  the  reader  with  so 
minute  an  account  of  the  proceedings  in  the  legislature  on 
that  subject. 

On  the  31st  January  a  whig  legislative  caucus  was  held 
for  the  nomination  of  state  officers. 


510  POLITICAL    HISTORY  [1839. 

The  officers  whose  constitutional  term  of  office  expired 
this  year,  were  the  secretary  of  state,  comptroller,  treasu- 
rer and  attorney  general.  The  state  printer  and  canal 
commissioners  held  their  appointments  by  virtue  of  a  law, 
or  by  concurrent  resolutions.  No  change,  therefore,  could 
be  made  in  those  office*  without  the  consent  of  the  senate, 
and  it  was  well  known  that  a  majority  of  that  body  would 
not  consent  to  the  removal  cf  Mr.  Croswell,  or  to  any 
change  in  the  board  of  canal  commissioners.  The  treasu- 
rer (Dr.  Barstow,)  was  a  whig,  but  he  either  not  being 
satisfied  with  his  residence  at  Albany,  which  the  discharge 
of  his  official  duties  required,  or  which  is  more  probable, 
dissatisfied  with  the  course  and  policy  of  the  whig  party, 
refused  to  continue  longer  in  office.  I  have  had  occa- 
sion to  speak  of  his  merits  as  a  legislator,  and  I  will 
only  add  now,  that  he  was  a  vigilant,  faithful  and  compe- 
tent state  officer. 

Some  portion  of  the  whig  party  were  not  entirely  satis- 
fied to  continue  Mr.  Tallmadge  in  the  United  States  senate, 
(for  it  must  not  be  forgotten  that  his  term  was  to  expire 
on  the  4th  of  March,  1839)  ;  but  it  was  contended  that 
much  of  the  whig  success  in  the  state  had  been  produced 
by  his  effiirts,  and  that  the  party  were  bound  to  re-elect 
him  as  an  evidence  of  their  gratitude  for  those  servi(!es. 
I  ought  further  to  add,  what  all  parties  admit,  that  Mr. 
Tallmadge  possessed  talents  and  industry  which  rendered 
him  an  efficient  member  of  the  senate.  Another  consider- 
ation, which  I  presume  had  considerable  influence  on  the 
minds  of  intelligent  and  leading  whigs  was,  that  the  presi- 
dential election  was  rapidly  approaching,  and  the  prospect 
of  defeating  the  election  of  Mr.  Van  Buren  was  in  a  great 
measure  founded  on  the  influence  and  efficient  exertions  of 
tho  conservatives  in  this  state  and  in  the  nation.  Would 
not  a  refusal  to   re-elect  Mr.  Tallmadge  tend  to  paralyze 


1839.]  OP  NEW-YORK.  511 

those  exertions?     These,  among  other  considerations,  pro- 
duced a  strong  vote  in  caucus  in  his  favor. 

The  whigs  wore  much  divided  in  respect  to  the  most 
proper  person  to  be  selected  as  attorney  general.  Joshua 
A.  Spencer  of  Utica,  was  spoken  of  as  a  perfectly  fit  man 
for  the  office,  being  well  known  as  a  sound  and  able  lawyer; 
and  as  such  his  friends  urged  his  appointment.  He  has  few, 
if  any,  superiors  in  the  state  or  nation.  Samuel  Stevens  of 
Albany,  now  one  of  the  most  eloquent  and  able  advocates 
in  the  state,  was  announced  as  a  candidate.  But  the 
southern  whigs  were  in  general  zealous  supporters  of  Wil- 
lis Hall,  of  New- York.  At  the  caucus,  Mr.  Spencer's 
name  as  a  candidate  was  finally  withdrawn,  and  the  ballot 
was  taken  between  Mr.  Hall  and  Mr.  Stevens,  the  result 
of  which,  as  reported  in  the  Argus,  was  that  the  former 
received  forty-five  and  the  latter  forty-two  votes,  where- 
upon Hall  was  declared  duly  nominated.  Some  complaint 
was  made  of  the  appointment,  because  Mr.  Hall  had  never 
been  in  extensive  practice  in  the  state,  and  was  scarcely 
known  as  a  counsellor  of  the  supreme  court,  while  Mr. 
Stevens  and  Mr.  Spencer  had  been  long  in  full  and  exten- 
sive practice.  Mr.  Hall,  however,  is  a  mild,  modest  man, 
of  considerable  legal  learning  and  talent,  and  distinguished 
literary  attainments.  He  has,  I  believe,  discharged  his 
official  duties  with  competent  ability  and  great  fidelity. 
John  C.  Spencer,  with  whom  the  reader  is  well  acquaint- 
ed, and  of  whom,  therefore,  I  need  not  speak,  was  nomi- 
nated secretary  of  state.  Bates  Cooke,  of  Niagara  county, 
had  been  a  member  of  congress,  and  held  a  very  good 
standing  in  the  part  of  the  state  in  which  he  resided.  He 
had  been  a  leading  and  efficient  anti-mason,  as  will  be  seen 
by  reference  to  the  chapter  which  is  intended  to  give  the 
political  history  of  that  {^aity.  It  is  not  improbable  that 
one  reason  which  led  to  his   nomination  for  the  olhce  of 


512  POLITICAL    UISTOUY  [1839. 

comptroller,  was  a  desire  to  gratify  the  feelings  of  his  an- 
ti-masonic friends  of  the  eighth  district. 

Jacob  Haight,  of  Greene  county,  was  selected  for  state 
treasurer.  It  will  be  recollected  that  Mr.  Haight  was 
elected  a  senator  for  the  third  district,  by  what  was 
then  called  the  bucktail  party,  and  that  in  1821,  he  he- 
longed  to  the  people's  party.  He  was  a  warm  supporter 
of  John  Quincy  Adams,  but  no  man  was  more  hostile  to 
Governor  Clinton  and  the  Clintonian  party  than  he.  In 
1S21,  his  feelings  became  equally  embittered  against  the 
majt)rity  of  the  bucktail  party  in  consequence  of  their 
support  of  Mr.  Crawford,  and  he  has  never  since  acted 
with  them.  These  gentlemen,  on  a  joint  meeting  of  the 
two  houses,  were  all  elected  for  the  respective  offices  for 
which  they  had  been  nominated,  except  Mr.  Tallmadge. 

Mr.  T.  was  nominated  in  the  assembly  by  the  votes  of 
all  the  whig  members,  but  the  majority  in  the  senate  re- 
fused to  make  any  nomination. 

Cn  the  first  attempt  to  nominate  in  that  house,  Tall- 
madge received  thirteen  votes,  the  precise  number  of 
whigs  in  the  senate  ;  and  of  eighteen  votes  given  by  that 
number  of  democratic  senators,  only  two  were  given  for 
the  same  individual.  Four  other  attempts  were  made,  or 
pretended  to  be  made,  to  nominate  a  senator,  but  the  result 
was  the  same.  On  the  sixth  attempt  to  nominate,  two  de- 
mocrats Jiappcning  to  vote  for  Mr.  Samuel  Bcardsley,  all 
the  whigs  voted  for  him,  and  he  came  within  one  vote  of 
being  nominated.  The  senate  then  discontinued  all  fur- 
ther show  of  attempting  to  nominate,  the  majority  claim- 
ing that  that  body  possessed,  in  all  respects,  a  power  equal 
to  the  assembly  in  choosing  a  senator,  and  that  the  choice 
ought  to  be  made  by  joint  resolution.  This  was  precisely 
the  same  ground  as  was  taken  in  1825,  in  pursuance,  1 
presume  of  the  advice  of  Lieutenant  Governor  Tallmadge, 
to  defeat  the  election  of  Judge  Spencer,  under  circum 


1839.] 


OF    NKW-YORK. 


513 


stances  exactly  similar.  Mr.  Paige,  as  the  organ  of  the 
majority,  made  a  labored  and  learned  report  in  justifica- 
tion of  their  course.  My  opinion  on  this  question  has 
been  lieretofore  fully  and  freely  expressed.  No  senator 
was  chosen  by  this  legislature. 

The  death  of  Gen.  Stephen  Van  Rensselaer  left  a  vacancy 
in  the  board  of  canal  commissioners,  which  was  sup]>lied  by 
the  appointment  of  Samuel  B.  Ruggles,  of  New-York, 
the  celebrated  author  of  the  report  of  1838,  on  internal 
improvements. 

In  the  early  part  of  this  winter,  James  Porter,  Esq., 
register  in  chancery,  died.  This  office,  before  the  late 
law,  which  has  taken  from  the  register  his  perquisites  and 
allowed  him  in  lieu  of  it  a  salary,  was  one  of  the  most 
lucrative  in  the  state.  Mr.  Porter  was  an  estimable  officer, 
courteous  and  kind  in  the  discharge  of  his  official  duties, 
and  beloved  and  respected  as  a  citizen.  Upon  his  death, 
the  chancellor  tendered  the  office  to  Mr.  Flagg,  but  he 
probably  being  then  assured  that  he  should  be  appointed, 
as  he  shortly  after  was,  post-master  at  Albany,  declined 
it.  The  chancellor  then  offered  the  appointment  to  Sam- 
uel L.  Edwards,  a  senator  from  the  seventh  district,  who 
was  dissuaded  by  his  political  friends  from  accepting  it, 
as  from  the  state  of  public  opinion  in  that  district,  if  the 
place  of  Mr.  Edwards,  as  senator,  was  then  vacated,  an- 
other whig  member  would  have  been  brought  into  the 
senate.  After  these  two  refusals,  the  chancellor  appointed 
his  son-in-law,  the  present  register,  Mr.  J.  M.  Davison. 

The  legislature  adjourned  on  the  7th  May. 

The  anticipation  of  the  gubernatorial  and  presidential 
elections,  although  nearly  two  years  were  to  elapse  before 
those  elections  were  to  take  place,  caused  a  very  high 
degree  of  political  excitement  during  this  session  ;  and  the 
majority  in  the  two  houses  of  the  legislature  being  politi- 
cally adverse  to  each  other,  very  few  laws  of  general  im- 


514  POLITICAL    HISTORY  [1839. 

portance  were  passed.  It  is,  however,  honorable  to  both 
parties,  that  even  during  the  fervor  of  the  party  heal 
which  raged  at  this  period,  they  cordially  united  to  devise, 
and  finally  passed,  an  act  "  to  preserve  the  purity  of  elec- 
tions,"' which  has  had,  and  will  continue  to  have,  a  very 
salutary  effect  in  excluding  from  the  polls  fraudulent 
voters. 

The  president,  before  the  adjournment  of  congress, 
appointed  Harmanus  Bleecker  of  Albany,  who  was  then  on 
a  visit  to  Holland,  American  charge  d'  affaires  at  the 
Hague.  Mr.  ISleecker  is  a  descendant  of  one  of  the  most 
ancient  and  respectable  Dutch  families  of  Albany.  He 
had  long  held  a  distinguished  rank  at  the  bar  as  a  learned 
and  able  lawyer  ;  and  such  was  the  purity  of  his  character 
and  his  mild  and  kind  deportment,  that  he  had  not,  nor 
has  he  now,  a  personal  enemy  among  the  whole  circle  of 
his  extensive  acquaintance.  The  a]:)pointnicnt  v/as,  there- 
fore universally  popular. 

The  president,  not  long  after,  appointed  William  I.eg- 
getl,  former  editor  of  the  Evening  Post,  and  more  recently 
conductor  of  a  weekly  political  paper  in  New-York,  called 
"The  Plaindealer,"  on  a  mission  to  one  of  the  ^outh 
American  states.  A  few  days  after  receiving  this  appoint- 
ment, Mr.  Leggett  died  at  his  residence  in  the  country,  in 
the  thirty-ninth  year  of  his  age. 

Of  the  talents  o  Mr.  Leggett  as  a  writer,  or  of  his 
great  and  gigantic  intellectual  powers,  I  need  not  speak. 
They  are  well  known  to  the  reading  public.  His  defects 
as  a  politician  consisted  in  the  common  error  of  men  of 
genius  and  ardent  imagination,  who  sec,  or  think  they  see, 
clearly  the  truth  of  the  positions  they  undertake  to  advo- 
cate. Mr.  Leggetl's  abhorrence  of  monopolies,  and  the 
abuse  of  their  powers  by  chartered  com|)anies,  sometimes 
hurried  him  into  ultraism  on  currency  questions  ;  and  bis 
ardor  in  iho  cause  of  liberty  and  his  sacred  regard  f)r  liu- 


1839.]  OF  Ni:w-vouK.  515 

man  rii^hts,  forced  him  into  the  support  of  the  doctrines  of 
the  abolitionists.  Although  a  warm  friend  and  supporter  of 
Mr.  Van  Burcn,  he  had,  in  his  Plaindealer,  animadverted 
with  uncommon  severity  on  that  part  of  Mr.  Van  Burcn's 
inaugural  address  w^hich  related  to  the  abolition  of  slavery 
in  the  District  of  Columbia.  After  the  publication  of 
those  animadversions,  his  appointment  to  an  important 
diplomatic  station  by  the  president,  was  as  honorable  to 
Mr.  Van  Buren,  as  it  was  well  merited  by  the  great  and 
splendid  talents  and  acknowledged  patriotism  of  Mr.  I^g- 
gett. 

During  the  summer,  Mr.  Van  Buren,  for  the  first  time 
since  his  election,  visited  the  state  of  New-York.  He 
travelled  through  the  state,  stopping  at  all  the  principal 
cities  and  villages.  He  was  every  where  met  and  greeted 
by  vast  crowds  of  people  of  both  sexes,  and  followed  by 
processions  of  citizens. 

I  have  some  where  before  observed,  that  Mr.  Van 
Buren  was  always  extremely  careful  to  avoid  giving  cause 
to  any  man  to  be  his  personal  enemy,  and  I  am  quite  sure, 
he  had  as  few  personal  enemies  as  any  man  who  had  acted  so 
busy  a  part  on  the  theatre  of  life.  Mr.  Van  Buren,  too,  was 
habitually  kind  and  prepossessing  in  his  intercourse  with 
all  men.  No  man  observed  more  carefully,  and  practised 
with  better  taste,  the  courtesies  of  social  life.  But  with 
all  these  advantages,  I  doubt  much  whether,  by  this  visit, 
he  increased  the  number  of  his  friends  in  the  state. 

Unfortunately,  in  an  address  made  to  him  by  Mr.  Ed- 
monds, former  state  senator,  upon  his  arrival  at  Nov/ 
York,  he  made  some  remarks  w^iich  rendered  it  necessary 
for  Mr.  Van  Burcn,  in  his  reply,  to  speak  of  j)oIitical  par- 
ties and  his  own  political  friends  in  this  state,  and  of 
course  to  express  his  strong  attachment  to  those  friends. 
This  gave  occasion  to  the  whigs  to  represent  that  instead 
of  coming  on  a  visit  to  the  whole   people,  as  a  president 


516  POLITICAL    HISTORY.  [1839. 

of  the  United  States  ought  to  do,  he  was  on  an  election- 
eering tour  for  the  sole  purpose  of  stimulating  his  friends 
to  more  active  exertions,  and  of  recruiting  their  dilapidated 
ranks  by  proselytes  whom  he  was  to  gain  from  his  political 
opponents.  Hence  every  thing  he  did,  and  every  word 
he  uttered,  was  the  subject  of  the  most  critical  and  jealous 
scrutiny.  Besides,  among  the  vast  number  of  his  old  ac- 
quaintance and  friend  belonging  to  the  democratic  party 
whom  he  met  or  who  called  upon  him,  it  was  impossible 
but  that  some  of  them  should  experience  some  real  or 
imagined  neglect.  Neglect  from  the  man  for  whom  you 
are  daily  contending,  and  for  the  support  of  whom,  per- 
haps you  are  suffering  some  degree  of  persecution,  the 
common  mind  can  neither  forgive  nor  forget.  It  is  a  dan- 
gerous experiment  for  a  candidate  for  popular  favor  to  go 
among  the  people,  unless  he  can  have  time  and  opportu- 
nity to  devote  an  equal  degree  of  attention  to  each  and  all 
of  his  friends. 

The  state  elections  through  the  United  States,  held  du- 
ring the  present  summer  and  autumn,  terminated  highly 
favorable  to  the  general  administration.  Such  had  been 
the  result  of  the  election  of  members  of  the  house  of  rep- 
resentatives in  the  several  states,  that  if  the  next  presiden- 
tial election  should  be  carried  into  that  house,  the  vote  of 
a  majority  of  the  states  would  be  cast  for  Mr.  Van  Buren. 
This  reduced  the  whigs  to  the  necessity  of  holding  up  but 
one  presidential  candidate  ;  and  such  were  the  discordant 
materials  of  which  that  party  in  the  nation  was  composed, 
that  it  was  supposed  they  could  not  unite  on  any  one  can- 
didate ;  and  thercfere  before  Mr.  Van  Buren  left  New- 
York,  intelligent  men  of  both  parties,  1  believe,  coflceded 
that  if  his  re-election  was  not  certain,  it  was  at  least 
highly  probable. 

But  the  result  of  the  November  election  in  this  state 
disappointed  and  disheartened   the    friends  of  Mr.   Van 


1839.]  OF    NEW-YORK.  617 

Buren  in  the  sister  states,  while  it  animated  with  fresh 
courage  and  added  new  vigor  to  the  whigs.  Although  the 
whig  majority  in  the  assembly  was  considerably  dimin- 
ished, the  result  of  the  election  for  senator  in  the  third 
district  in  favor  of  the  whigs,  where  there  were  three  va- 
cancies, gave  that  party  a  majority  in  that  body.  Until 
this  election,  the  democratic  party  had  held  a  majority  in 
that  permanent  branch  of  the  legislature  since  the  year 
1818.  It  was  to  them  a  mighty  and  appalling  change. 
The  election  in  the  third  district  was  very  close,  that  vete- 
ran politician  Gen.  Erastus  Root,  being  declared  elected 
by  a  majority  of  some  four  or  five  votes  only.* 
The  senators  elected  were  : 


From  the  First  District, 

Minthorne  Tompkins,  a  son 

of  the  late  vice-president, 

« 

Second 

do,, 

John  Hunter, 

u 

Third 

do., 

Mitchell  Sanford, 
Friend  Humphrey,  and 
Erastus  Root, 

It 

Fourth 

do., 

James  G.  Hopkins, 

« 

Fifth 

do., 

Sumner  Ely, 

it 

Sixth 

do.. 

Andrew  B.  Dickinson, 

It 

Seventh  do., 

Mark  H.  Sibley, 

It 

Eighth 

do.. 

Abraham  Dixon. 

The  members  elected  from  the  first,  second  and  fifth 
districts  were  democrats  ;  those  from  the  five  other  districts 
were  whigs.  Judge  Spencer  was  first  nominated  as  the 
whig  candidate  in  the  seventh  district,  but  declined  ;  after 
which  Mr.  Sibley  was  nominated  and  elected. 


*  Mr.  Friend  Humphrey,  of  Albany,  obtained  a  mucli  stronger  vote  than  any  of  the 
other  candidates.  As  a  citizen  Mr.  )luniphrey  is  universally,  highly  and  deservedly  es- 
teemed. It  is,  I  hope,  no  evidence  of  a  want  of  respect  for  the  other  candidates,  to 
express  an  opinion  that  in  so  close  an  election  the  personal  popularity  of  Mr.  Humphrey 
secured  the  success  of  the  whig  ticket  in  the  third  district. 


518  POLITICAL    HISTORY  [1839. 

A  national  convention  for  the  nomination  of  whig  candi- 
dates for  president  and  vice-president,  had  been  appointed 
to  be  held  at  Harrisburg  on  the  1st  of  December. 

Mr.  Webster,  who  probably  was  the  favorite  candidate 
of  the  eastern  states,  had  written,  while  on  a  European 
tour,  from  London,  in  the  summer  of  1839,  that  he  declin- 
ed being  a  candidate.  The  southern  whigs  did  not  biing 
forward  any  candidate  from  that  section,  which  left  the 
field  clear  for  the  two  western  candidates,  Mr.  Clay  and 
Gen.  Harrison.  The  former  was  unquestionably  the  fa- 
vorite candidate  of  the  great  mass  of  the  whig  party  in 
the  nation  and  especially  of  the  whigs  of  the  state  of 
New-York.  But  shortly  before  the  convention  a  portion 
of  the  w'higs  in  this  state,  for  some  cause  not  necessary 
here  to  be  stated,  started  Gen.  Scott,  of  Virginia,  as  a 
candidate.  Mr.  Charles  King,  of  the  New-York  Ameri- 
can, was  one  of  his  most  zealous  and  influential  advo- 
cates. The  delegation  from  New- York  state  to  the  con- 
vention were  divided,  part  being  for  Clay,  part  for  Scott, 
and  some  I  believe  for  Harrison.  When  the  convention 
assembled,  there  w-as  so  much  disscntion  among  them  that 
some  time  elapsed  before  a  majority  could  be  obtained  in 
favor  of  any  candidate,  but  the  friends  of  Scott  finally 
withdrew  him  and  supported  Harrison,  who  was  nominat- 
ed, about  ninety  votes  having,  on  the  last  ballot,  been 
given  to  Henry  Clay.  John  Tyler  of  Virginia,  a  support- 
er of  Mr.  Clay's  nomination,  was  recommended  to  be  sup- 
ported for  vice-president.  It  is  remarkable  that  the  con- 
vention dissolved  without  adopting  any  resolutions  or  pub- 
lishing any  address  to  set  forth  the  principles  upon  which 
their  candidates,  if  elected,  would  administer  the  govern- 
ment, or  any  reasons  why  they  ought  to  be  preferred  to  the 
then  incumbents. 

When  this  nomination  was  announced  in  this  state,  it 
elevated  the  hopes  of  the   democrats  and  depressed  the 


1840.]  OF    NFW-VOKK.  510 

expectations  of  the  whigs.  Harrison  hud,  at  the  last 
presidential  election,  been  u  defeated  candidate,  and  many 
whigs  doubted  his  capacity  to  discharge  propcrlv  the  du- 
ties of  tlie  supreme  national  executive.  tSub.se(;uent 
events  proved  that  the  impressions  of  both  parties  were 
erroneous,  and  that  the  partiality  in  this  couiitrv  fur  mili- 
tary fame  exists,  as  I  have  before  observed,  to  as  great  an 
extent  as  in  an}-  other. 

The  legislature  assembled  on  the  seventli  of  .T.-muary, 
1840.  Mr.  Patterson  was  re-elected  speaker  against  Mr. 
L.  S.  Chatfield,  a  member  from  the  county  of  Otsego.  Mr. 
Chatfield,  when  he  entered  the  assembly  in  1839,  was  en- 
tirely inexperienced  in  legislation  and  in  public  life,  but 
he  soon  afforded  evidence  of  vigorous  intellectual  power 
and  a  clear  and  remarkably  logical  mind.  His  talents, 
zeal  and  firmness  soon  placed  him  in  the  front  rank  of  tfie 
little  band  of  democrats  who  that  year  were  elected  to  the 
assembly.  He  was  charged  with  being  ultra  democratic 
and  an  over  zealous  partizan.  But  if  this  allegation  was 
well  founded,  it  is  an  error  common  to  young  and  ardent, 
but  honest  politicians.  The  result  of  the  vote  was,  for 
Patterson  sixty-eight,  Chatfield  fifty-six. 

The  governor's  message  occupies  thirty-one  pages  of 
the  journal  of  the  senate. 

He  informs  the  legislature  that  the  nett  proceeds  of  the 
tolls  received  from  the  canals,  without  taking  into  the 
account  the  intei'est  on  the  canal  debt,  is  one  million  fifty- 
seven  thousand  eight  hundred  and  two  dollars  seventy- 
four  cents  ;  and  that  the  capital  of  the  school  fund  is  one 
million  nine  hundred  seventy-eight  thousand  sixty-nine 
dollars  and  sixty-three  cents. 

He  recommends  that  foreigners  who  come  to  settle  among 
us,  should  be  permitted  to  have  their  children  educated 
by  teachers  who  speak  their  own  language,  and  profess 
the  same  religious  faith  with  themselves,  and  should  at  the 


520  POLITICAL    IIISTOKY  [1840. 

same  time  be  permitted  to  enjoy  their  proportion  of  the 
bounty  of  ^he  state  provided  for  the  encouragement  of 
popular  education. 

According  to  a  law,  which  had  been  some  time  in  exis- 
tence, the  judges  of  the  court  of  common  j)leas  in  each 
county  possessed  and  exercised  a  power  in  rciatiDu  to  the 
appointments  of  commissionei's  of  deeds,  ^superintendents 
of  the  poor,  and  sonie  other  of  tlie  county  olhcers,  in  con- 
nectifjn  with  the  suj)ervisors  of  the  county,  and  in  some 
respects  concurrent  with  them.  The  objection  to  the  pos 
session  of  this  power  by  the  judges  was,  that  inasmucii  as 
they  were  created  by  the  governor  and  senate,  it  enabled 
the  central  state  power  indirectly  to  exercise  an  improper 
influence  over  these  local  appointments.  Another  objijc- 
tion  was,  that  the  exercise  of  this  appointing  power  by 
the  judges,  caused  an  improper  connection  between  the 
appointing  and  the  judicial  power.  For  these  reasons,  it 
is  presumed,  the  governor  recommended  the  passage  of  a 
law,  disqualifying  the  judges  from  exerting  any  influence 
or  power  iti  the  county  ap[)ointments. 

Mr.  Seward  again  urges  sonie  improvements  in  our 
judiciary  system,  the  reduction  of  taxa!)ie  costs  to  the 
attorney  in  some  cases,  and  the  extension  of  tlie  civil 
jnrisJiction  of  justices  of  the  peace  to  suits  where  t!ie  sum 
in  controversy  shall  not  exceed  in  amount  one  hundred 
dollars. 

A  singular  controversy  had  lately  been  carried  on  be- 
tween Gov.  Seward  and  the  governor  of  Virginia,  which 
is  thus  briefly  detailed  by  the  governor  of  New-York  : 

"A  requisition  was  made  upon  me  in  July  last,  by  the 
executive  of  Virginia,  for  the  delivery  of  three  persons  as 
fugitives  from  justice,  charged  with  having  feloniously 
strolen  a  negro  slave  in  that  state.  I  declined  to  comply 
with  the  requisition,  upon  the  grounds  that  the  right  to 
demand  and  the  recijirocal  obligation   to  surrender  fugi- 


1840.]  OF    NEW-YORK.  621 

lives  from  justice  between  sovereign  and  independent  na- 
tions, as  defined  by  the  law  of  nations,  include  only  those 
cases  in  which  the  acts  constituting  the  offence  charged 
are  recognized  as  crimes  by  the  universal  laws  of  a!)  civil- 
ized countries  ;  that  the  object  of  the  provision  conta;i.;d 
in  the  constitution  of  the  United  States,  authorizing  ihe 
demand  and  surrender  of  fugitives  charged  with  treason, 
felony  or  other  crime,  was  to  recognize  and  establish  this 
principle  of  the  law  of  nations  in  the  mutual  relations  of 
the  stales  as  independent,  equal,  and  sovereign  communi- 
ties ;  that  the  acts  charged  upon  the  persons  demanded 
were  not  recognized  as  criminal  by  the  laws  of  this  state, 
or  by  the  universal  laws  of  all  civilized  countries  ;  and 
that  consequently  the  case  did  not  fall  within  the  provi- 
sion of  the  construction  of  the  United  States. 

'*  The  governor  of  Virginia  in  his  last  annual  message 
referred  the  subject  to  the  consideration  of  the  legislature 
of  that  state,  and  declared  that  my  construction  of  the 
constitution  of  the  United  States  could  not  be  aa^uiesced 
in  or  submitted  to.  He  added  that  if  it  were  allowed  to 
prevail,  and  no  relief  could  be  obtained  against  what  he 
designated  as  a  flagrant  invasion  of  the  rights  of  Virginia, 
either  by  an  amendment  of  the  constitution  of  the  United 
States,  or  by  the  action  of  the  legislature  of  A'irginia,  it 
might  ultimately  become  the  important  and  solemn  duty 
of  Virginia  to  appeal  from  the  cancelled  obligations  of  the 
national  compact  to  original  rights  and  the  law  of  self- 
preservation. 

"I  confess  my  surprise  that  it  should  in  any  part  of  the 
union  be  regarded  as  a  new  and  startling  doctrine  that  the 
constitutional  power  of  the  executive  of  any  other  state  to 
demand  the  surrender  of  a  citizen  of  this  state,  to  be  car- 
ried to  the  former  and  tried  for  an  oflence  committed 
there,  is  limited  to  cases  in  which  the  odence  charged  is 
recognized  as  criminal  by  the  statute  laws  of  this  state. 


522  POLITICAL    HISTORV  [1840. 

by  the  common  law,  or  by  the  universal  laws  of  mankind. 
Nor  can  1  withhold  the  expression  of  my  sincere  regret 
ihnt  a  construction  of  the  constitution,  manifestly  neces- 
sary to  maintain  the  sovereignty  of  this  state  and  the  per- 
sonal rights  of  her  citizens,  should  be  regarded  by  the 
executive  of  Virginia  as  justifying  in  any  contingency  a 
menace  of  secession  from  the  union." 

On  the  subject  of  the  currency,  the  governor  charges 
tho'  administration  of  the  general  government  with  hostili- 
ty to  our  state  institutions,  (by  which,  I  snp'pose,  he 
means  our  state  banks.)  and  with  a  determination,  or 
rather  an  intention,  to  establish  a  metallic  currency  as  the 
circulating  medium  of  the  country  ;  and  he  attacks  gene- 
rally, vv'ith  considerable  severity,  the  national  administra- 
tion. 

W'iih  respect  to  the  state  expenditures  he  recommends 
retrenchment,  and  he  lays  down  broadly  the  proposition 
that  the  state  ought  not  to  create  an  amount  of  stocks 
greater  than  ihe  interest  thereof  can  be  paid  from  the  nett 
annual  income  arising  from  the  tolls  received  from  the  ca- 
nals. On  the  subject  of  internal  improvement,  he  is  evi- 
dently desirous  to  recede  from  the  ground  taken  by  him 
in  his  message  in  1839;  at  least  so  far  as  relates  to  the 
speedy  completion  of  the  works  undertaken  by  the  state. 
He  say.s  that,  during  the  last  w^inter  the  assembly,  for  the 
lirst  time,  ascertained  that  the  cost  of  the  Black  River 
canal  would  be $2.1 41, GO  1   G3 

Of  eidarging  the  Erie  canal, 23,402,803  02 

Genesee  Valley  canal, 3,900,122  79 


$30,444,587  44 
whereas,    it    had   been   before    represented    by   the   state 
officers   that   less   than   half  that   amount  of  expenditure 
would  be  required  to  accomplish  ilie  contemplated  objects, 
and  that  had  the   true   amount  of  the   cost  of  the   Black 


1840.]  OF    M2\V-Y0RK.  523 

River  and  Ccnescc  Valley  canals  been  known,  (and  ho 
migiit  have  added  the  widening  of"  the  Kiie  canal,)  it  was 
douhtl'ul  vvhetlier  those  works  would  have  been  undertaken. 
He  further  says  that  his  Ibrnicr  recommendation,  in  relation 
to  the  speedy  coni]detion  of  the  works  was  based  on  the 
assumption  that  the  estimates  of  the  agents  of  the  state 
were  correct. 

He  indignantly  condemns  the  doctrine  that  a  subsequent 
generation  will  have  a  right  to  repudiate  the  debt  created 
l)y  the  present,  and  he  repels  the  charge  that  thev  will 
attempt  to  do  so  as  a  foul  slander  upon  posterity. 

The  governor  then  goes  into  an  able  and  elocjuent,  but 
long  and  laborious  defence  of  internal  improvements  by 
roads  and  canals. 

The  message,  like  every  thing  else  written  by  :\Ir. 
ISeward.  is  in  good  style  and  evinces  talents  as  a  v.riter 
of  a  high  order. 

The  whig  party  had  now  the  entire  control  of  the  state 
government.  The  executive  and  both  branches  of  the 
legislature  were  in  their  hands.  Their  first  act  was  to  re- 
elect Mr.  Tallmadge  to  the  senate  of  the  Unit(!d  States. 
He  received  in  the  senate  nineteen  votes,  that  behig  the 
number  of  whig  senators,  and  in  the  assembly  the  usual 
party  vote. 

Col.  Young,  when  called  on  in  the  senate  openly  to 
nominate  a  senator,  attempted  to  make  a  s[)eech,  in  which 
he  proposed  to  set  forth  the  reasons  for  the  vote  he  was 
about  to  give.  He  was  called  to  order,  and  the  pi'esident 
of  the  senate  decided  he  was  not  in  order.  On  appeal  to 
the  senate,  a  majority  voted  to  sustain  the  decision  of 
the  chair.  I  mention  this  occurrence,  not  for  the  purpose 
of  imputing  blame  either  to  Col.  Young  or  the  lieutenant 
governor,  but  because  to  me  the  question  of  order  on  this 
occasion  decided  and  settled  is  new.     [See  Note  L.] 


524  POLITICAL    HISTORY.  [1840. 

The  next  party  movement  was  the  introduction  of  a  bill 
and  the  passage  of  a  law  removing  Mr.  Croswell  from  the 
office  of  state  printer,  and  appointing  Mr.  Weed.  This 
bill  passed  both  houses  by  the  usual  party  vote.  Accord- 
ing to  party  usage  (may  I  not  say  law?)  this  measure  was 
undoubtedly  justifiable  and  proper.  Of  the  ability  and 
character  of  Mr.  Weed  as  a  political  editor,  I  have  hereto- 
fore spoken. 

Mr.  Croswell  had  for  a  long  period  of  time  held  the 
office  of  state  printer,  an  office  supposed  to  be  very  lucra- 
tive, and,  as  I  have  said,  his  removal  upon  party  princi- 
ples was  justifiable  ;  but  no  person,  not  even  among  his 
opponents,  charged  him  with  any  neglect  in  the  discharge 
of  his  official  duties.  As  a  political  party  editor,  he  has 
few  if  any  superiors  in  the  United  States.  His  paper  has 
been,  as  perhaps  it  ought  to  have  been,  considering  the 
posit  ion  he  occupied  in  relation  to  the  democratic  party, 
uniformly  the  organ  of  the  principles  and  views  of  the 
niajority  of  that  party.  Always  cool,  self-collected,  sa- 
gacious and  cautious,  he  has  seldom  if  ever  allowed  him- 
self to  be  guilty  of  any  indiscretions  ;  and  generally 
couiieous  in  his  language,  he  has  never  attacked  individu- 
als unless  their  public  and  political  conduct  rendered  them 
fair  subjects  of  animadversion.  His  style  of  writing  is 
more  highly  polished  than  that  of  most  of  the  American 
newspaper  editors.  Indeed  it  is  somewhat  remarkable, 
that  a  man  educated  to  practical  and  business  pursuits, 
should  have  acquired  so  accurate  and  nice  a  literary 
taste,  and  so  correct  a  style  and  manner  of  writing. 
Let  his  future  political  fate  be  what  it  may,  his  reputation 
as  a  newspaper  editor  of  tact  and  talent,  will  always  stand 
high,  perhaps  as  high  at  any  rate  on  the  score  of  tact,  as 
any  editor  in  the  United  States,  excepting  only  Joseph 
Gales. 


1840.]  OF    NEW-YOHK.  525 

For  many  years  a  large  majority  of  llie  canal  commis- 
sioners had  been  active  democratic  politicians,  and  at  the 
present  time,  four  of  the  (ive  were  men  of  that  descri[)ti<)n. 

On  the  13th  of  February,  Mr.  Talhnadge  oli'ercd  in  the 
senate  a  concurrent  resolution,  that  the  two  houses  would 
proceed  to  nominate  and  appoint  five  persons  to  (ill  the 
office  of  canal  commissioners  in  the  place  of  Samuel 
Young,  John  Bowman,  William  C.  Bouck,  Jonas  Earll, 
and  William  Baker.  This  resolution,  after  some  discus- 
sion, was  passed  by  a  vote  of  seventeen  to  eleven  ;  and 
Asa  Whitney,  S.  Newton  Dexter,  David  Hudson,  (leorge 
H.  Boughton,  and  Henry  Hamilton,  all  decided  whigs, 
were  appointed  by  a  vote  of  both  houses  in  lieu  of  the 
gentlemen  first  named. 

It  has  been  reported,  and  I  have  no  doubt  correctly, 
that  at  the  first  whig  legislative  caucus,  a  majority  of  the 
membei's  were  for  retaining  Mr.  Bouck,  being  under  the 
impression  that  his  experience  and  practical  knowledge 
would  be  absolutely  necessary  for  the  new  board  ;  but  the 
pressure  of  candidates  and  their  friends  for  the  ofi^ice  of 
canal  commissioners  was  so  great,  that  it  could  not  be  re- 
sisted, and  the  resolution  to  retain  Mr.  Bouck  was  after- 
wards rescinded. 

A  bill  was  reported  to  the  senate  by  Mr.  Tallmadge, 
providing  for  the  registry  of  the  names  of  qualified  voters 
in  the  city  of  New-York  previous  to  an  election.  It  was 
opposed  by  all  the  democratic  members,  but  finally  passed 
that  house. 

I  have  omitted  to  mention,  that  at  the  last  Novcn^er 
election,  the  democratic  party  achieved  a  signal  triumph 
in  the  city  of  New-York,  electing  their  members  of  the 
assembly  by  large  majorities.  Wlicn,  therefore,  the  regis- 
try bill  reached  the  assembly,  it  was  attacked  with  great 
zeal  and  bitterness  by  the  New-York  meinb'^rs.  'J'huy 
"^ontended  that  it  was  wrong  in  principle  ;  and  that  it  was 


526  POLITICAL    HISTORY  [1840. 

insulting  to  the  city  of  New-York,  as  the  object  was  to 
impose  restrictions  upon  that  city  different  from  any  other 
part  of  the  state  ;  that  the  bill,  in  effect,  assumed  that  the 
people  of  New-York  were  more  corruj)t  than  any  other 
portion  of  the  people  of  the  state ;  and  that  it  was  uncon- 
stitutional. Their  arguments,  however,  did  not  satisfy  the 
majority  in  the  assembly  ;  and  the  bill  finally  passed  the 
house  by  a  vote  of  fifty-seven  to  forty  one. 

The  legislature  adjourned  on  the  14th  May. 

Although  the  independent  treasury  bill  passed  the  United 
States  senate  early  in  the  winter,  it  lingered  in  the  house  of 
representaVives  until  near  the  close  of  the  long  session  of 
that  year  ;  but  it  finally  passed  and  was  sent  to  the  presi- 
dent, who  approved  it  on  the  fourth  day  of  July. 

On  the  2nd  day  of  September,  a  democratic  state  con- 
vention, for  the  nomination  of  governor  and  presidential 
electors,  was  held  at  Syracuse.  A  difference  of  opinion 
as  to  the  most  suitable  candidate  had  existed.  Some 
persons  spoke  of  Mr.  Wright,  many  of  Mr.  Dix  and 
some  of  the  late  Chief  Justice  Savage.  But  after  the 
convention  had  assembled  and  before  it  was  regularly  or- 
ganized an  iniV)rmal  ballot  was  taken  to  ascertain  the 
choice  of  each  individual  member  ;  when,  on  that  informal 
ballot  it  appeared  that  there  was  a  large  majority  of  ail 
the  members  present  in  favor  of  William  C.  Bouck,  of 
the  county  of  Schoharie.  After  the  convention  was 
organized,  letters  were  produced  from  Mr.  Wright,  and 
Judge  Savage,  declining  to  be  candidates  for  a  nomination. 
Mr.  Bouck  was  therefore  nominated  with  great  unanimity. 
and  Daniel  S.  Dickinson,  of  Broome  county,  was  with 
equal  unanimity  selected  as  the  democratic  candidate  for 
lieutenant  governor.  These  gentlemen  were  both  com- 
petent and  personally,  in  every  respect,  entirely  unobjec- 
tionable. 


1840.]  OF    NEW-YORK.  527 

An  electoral  ticket  was  at  the  same  time  formed  by  the 
convention  and  recommended  to  the  people.  Samuel 
Young  and  George  P.  Barker  were  nominated  for  state 
electors. 

After  the  convention  had  dispafched  its  ordinary  and 
regular  business,  Richard  D.  Davis,  now  a  member  of 
congress  from  Dutchess  county,  for  more  than  two  hours, 
addressed  the  members,  together  with  a  crowded  and  nume- 
rous auditory  collected  from  Syracuse  and  its  vicinity,  in 
an  extemporaneous  speech  on  the  political  topics  which 
then  excited  the  public  attention,  with  great  skill  and 
ability  as  a  forensic  debater,  and  in  a  style  of  eloquence 
scarcely  if  ever  before  surpassed  by  any  orator  in  the 
state. 

The  whig  convention  nominated  for  le-clcction,  Gor. 
Seward  and  Lieut.  Gov.  Bradish,  and  selected  and  pre- 
sented candidates  for  presidential  electors,  who  if  chosen 
would  vote  for  Gen.  Harrison. 

.  The  political  field  was  now  fully  occupied,  and  the 
ardor  and  excitement  of  the  two  parties  already  very 
great,  continued  daily  to  increase  until  the  close  of  the 
polls  of  the  election  in  November.  Considerable  fuel 
was  added  to  the  fire  which  already  raged  by  the  large 
mass  meetings  which  were  held  at  New- York,  Syra- 
cuse, Poughkeepsie,  &c.,  were  ten,  twenty  and  thirty 
thousand  people  were  said  to  have  collected  together  at 
one  time.  Whether  any  real  benefit  to  the  pco})le  and  to 
our  civil  institutions  is  likely  to  be  ])rodaced  by  this  sort 
of  gatherings,  is  a  question  u[)on  which  candid  and  intel- 
ligent men  of  both  parties  ought  to  consider  before  they 
permit  the  custom  to  become  established  among  us.  An- 
other circumstance  which  added  to  the  excitement  was, 
that  contrary  to  all  former  precedents,  men  of  liigh  chai'- 
acter  for  talents  and  intluence  in  society,  of  both  parties, 
were  seen  travelling  from  one  end  of  tlic  state  to  the  other, 


528  POLITICAL    HISTORY  [1840. 

and  some  times  itinerant  lecturers  from  the  other  states  pa- 
trolled the  country  addressing  assemblages  of  men  when- 
ever and  wherever  they  could  be  got  up,  on  the  subject  of 
the  approaching  election  and  the  merits  of  the  respective 
candidates. 

The  result  of  the  election  afforded  a  complete  triumph 
to  the  whigs  in  the  state  and  nation.  The  Harrison  elec- 
toral ticket  succeeded  in  this  state  by  a  majority  of  more 
than  thirteen  thousand.  The  majority  for  Seward  over 
Bouck  was  about  five  thousand.  An  imm.ense  number  of 
votes  were  cast.  The  increase  alone,  in  this  state,  since 
the  election  in  183S,  was  the  astonishing  number  of  sixty- 
one  thousand  three  hundred  and  seven.  Tlie  whigs  were 
no  less  successfu,l  in  most  of  the  other  states  of  the  union, 
and  General  Harrison  and  iNIr.  Tyler  %yere  elected  by  the 
electoral  colleges  by  a  very  large  majority. 

For  the  space  of  forty  years  the  democratic  party  had 
been  in  the  majority  in  the  United  States  ;  for,  if  the  four 
years  administration  of  John  Q,uincy  Adams  may  be  said 
to  have  been  anti-democratic,  it  may  also,  with  creat  truth, 
be  said  that  Mr.  Adams  was  not  elected  president  by  a 
majority  of  the  people  of  the  United  States. 

Without  any  desire  to  express,  and,  indeed,  with  a  full 
determination  not  to  express  any  opinion  on  the  merits  of 
the  two  great  parties,  or  a  preference  for  the  political  opin- 
ions of  either  of  them,  f  may  be  allowed  a  moment's  specu- 
lation on  the  causes  which  produced  the  defeat  of  31  r.  Van 
Buren. 

The  only  measure  of  Mr.  Van  Buren's  administration  on 
which  his  opponents  took  issue,  was  his  recommendation 
of  the  independent  treasury  ;  a  measure  which,  if  carried 
into  effect  successfully,  would  have  enabled  the  govern- 
ment to  manage  its  financial  concerns  without  the  aid  of 
banks.  I  then  assume  the  two  propositions  following  to 
be  true  : 


1840.]  OF    NE^V-VORK.  529 

1.  Both  parties,  whigs  and  democrats,  constituting  the 
whole  people  of  the  United  States,  with  the  exception  of 
a  few  men  called  conservatives,  disapproved  of,  and  con- 
deinned  the  pet  bank  system. 

2.  The  pet  bank  system  being  rejected,  there  was  only 
one  alternative,  which  was,  to  sustain  the  independent 
ticasury  scheme,  or  establish  a  bank  of  the  United  States. 
I  therefore  infer  that, 

If,  at  the  election  in  1840,  a  majority  of  the  people  of 
the  nation  preferred  a  national  bank  to  the  sub-treasuiy 
system,  then  Mr.  Van  Buren  was  beaten  because  a  majori- 
ty were  dissatisfied  with  his  measures ;  otherwise  the  loss 
of  his  election  was  owing  to  other  causes  than  disapproba- 
tion of  his  tneasu7'es. 

It  is  evident,  that  at  the  time  of  the  Harrisburg  con- 
vention, the  whigs  themselves  did  not  believe  a  majority 
of  the  people  of  the  United  States  were  in  favor  of  a  na- 
tional bank  ;  for  had  they  so  believed  no  rational  man 
can  doubt  they  would,  either  by  resolution  or  address,  have 
announced  themselves  in  favor  of  sucli  an  institution,  and 
stated  that  as  the  cause  of  their  opposition  to  the  re-elec- 
tion of  Mr.  Van  Buren.  For  the  purpose,  then,  of  sub- 
mitting one  or  two  other  remarks,  I  shall  assume  that  at 
the  election  in  1840,  a  majority  of  the  electors  prelerred 
the  independent  treasury  to  an  United  States  bank. 

Mr.  Van  Buren's  private  character  was  admitted  to  be 
without  a  blemish,  and  all  will  admit  that  he  was  as  com- 
petent, and  probably  a  majority  of  the  intelligent  part  of 
community  will  admit  that  he  was  more  competent,  on  the 
score  of  talent,  to  administer  the  government,  than  Gen. 
Harrison. 

What  then  were  the  causes  of  his  defeat  ? 

First,  He  was  held  responsible  for  all  the  supposed  or 
real  errors  (and  who  is  without  them  1 )  of  Gen.  Jackson, 
while  at  the  same  time  he  had  not  those  fascinating  traits 

Hh 


530  POLITICAL    HISTORY  [1840. 

of  character,  and  was  not  encircled  with    that   halo  of 
military  glory  which  distinguished  that  extraordinary  man. 
Second,  Mr.  Van  Buren,  from  the  time  of  his  election 
to  the  presidency,  seemed  to  have  changed  the  character 
in  which,  as  a  public  man,  he  had  formerly  appeared   to 
the  American  people,  and  particularly  to  the  people  of  the 
state  of   New-York.      Before    that  time,  he  was  distin- 
guished for  adroitness  and  skill  in   managing  the   govern- 
mental patronage  in  subservience  to,  and  in   aid  of  his  po- 
litical objects.     Since  his  election,  he   seemed  to  have   re- 
lied for  success  upon  his  measures  alone.     The  people  of 
this  country  are   fond  of  novelties.     They  expected,  on 
his  accession  to  power,  to  have  seen  a  new  modelled  cab- 
inet ;  but  during  his  whole   term,  they  saw  nothing  but 
Gen.  Jackson's  cabinet.     The   cabinet   was  not  Van  Bu- 
ren's  in  the  eye  of  the  people  ;  it  was  Jackson's.     Mr. 
Van  Buren's  appointments  in  the  state  of  New-York,  in  a 
political  point  of  view,  were  cei'tainly  not  the   most  judi- 
cious that  could  have  been  made.     With  the  single  excep- 
tion of  the  appointment  of  Harmanus  Bleecker  to  a  sub- 
ordinate diplomatic  station,  and  the   appointment  of  Mr. 
Flagg  post-master  at  Albany,  I  am  not  aware   that  he 
strengthened  himself  at   all   by   his    appointments.      The 
head  of  the   navy  department,   Mr.    Paulding,  was   taken 
from  the  state  of  New-York,  but  he  was   almost  the  last 
man  who  could  have  been  politically  useful   in   this  state 
to  Mr.  Van  Buren.     He  knew  little  of  the  people   of  the 
state,   and  less  of  the   politicians   in  it.     His  opinion   or 
influence  could  not  and  did   not  influence  ten   men   in  his 
native  state.*     He  had  neither  done  or  said  any  thing  on 
political  subjects  except,  near  the  middle  of  the  nineteenth 
century,  to  write  and  publish   a  book   in  justification  of 
human  slave?'ij.     How  different  would  have  been  the  effect 

*  This  assertion  is  intendcJ  merely  as  an  expression  of  my  own  impressions— of  course 
t  may  be  erroneous. 


1840.]  OF    NKAV-YORK.  531 

in  this  state  had  the  president  have  called  into  his  cabiiK't 
a  naan  of  the  tact  and  talent  and  political  address  and  in- 
fluence of  Gov.  Marcy  T 

Third,  Mr.  Van  Buren  was  a  native,  not  of  a  southern — 
but  of  Nevi'-York — a  northern  state  ;  and  sixty  years  ex- 
perience must  have  convinced  all  reflecting  men  that  it  is 
with  great  reluctance  the  people  of  the  southern  states 
can  be  brought  to  support  a  northern  candidate  for  the 
presidency.  What  is  the  fact'?  The  government  has  ex- 
isted for  three  score  years,  during  which  twelve  presiden- 
tial elections  have  occurred,  and  before  i\Ir.  Van  Huron's 
time  we  have  seen  that  south  of  the  Potamac  rarely  has  a 
vote  been  given  to  a  northern  candidate.  Mr.  Van  Buren 
was  charged  with  a  disregard  to  the  wishes  and  interest  of 
his  northern  friends,  and  of  subservience  to  the  south. 
He  was  blamed  because  he  did  not  repudiate  the  assertion 
that  he  was  "  A  northern  man  with  southern  principles "" 
[feelings].  By  this  means  he  lost  many  of  his  northern 
friends,  while,  as  appeared  from  the  election  of  1840,  he 
failed  of  securing  the  south.  Another  cause,  perhaps 
more  efficient  than  any  other,  was  that  from  the  time  of 
the  publication  of  his  message  to  the  extra  session  of  con- 
gress in  1837,  the  whole  banking  interest  was  against  hini. 
It  is  true,  as  I  have  before  stated,  that  there  were  many  high- 
ly reputable  bankers  who  individually  and  in  good  faith 
supported  Mr.  Van  Buren  ;  yet  1  take  it  that  it  may  nov/ 
be  assumed  as  a  historical  fact  that  the  mass  of  that  inter- 
est was  against  him.  How  invisibly  and  yet  how  power- 
fully that  interest  can  act,  cannot  be  dilated  upon  here. 
There  are  few  reflecting  men  at  the  present  day  who  arc 
not  aware  of  its  mighty  power.  These  circumstances, 
together  with  the  desire  of  novelty  and  change  incident 
to  the  people  in  all  popular  governments,  were  among  the 
causes  which  produced  Mr.  Van  Buren's  defeat. 


532  POLITICAL    HISTORY.  [1840. 

But,  though  defeated,  Mr.  Van  Buren  was  not  con- 
quered. His  last  message  contained  a  calm  and  dignified 
retrospect  of  his  administration.  He  exhibited  a  clear 
view  of  our  foreign  relations,  and  showed  them  to  be  in  a 
most  happy,  honorable  and  prosperous  condition.  He 
gave  a  history  of  the  embarrassments  which  the  govern- 
ment had  been  obliged  to  encounter,  in  consequence  of  the 
failure  of  the  banks  to  perform  their  engagements.  He 
insisted  that  the  course  he  had  recommended  was  the  only 
one  which  could  have  been  adopted,  except  that  of  incor- 
porating a  bank  of  the  United  States  ;  he  denounced  that 
measure  as  unconstitutional,  and  as  one  which  had  been 
repeatedly  repudiated  by  the  people  of  the  nation.  He 
urged  economy  in  the  public  expenditures  ;  he  showed  that 
expenditures  for  ordinary  purposes  had  been  greatly  di- 
minished during  his  administration  ;  he  contended  that  the 
revenue  of  the  government,  without  an  increase  of  taxes, 
would  be  sufficient  to  defray  all  the  necessary  expenses  ; 
and  he  protested  against  the  creation  of  a  national  debt. 
His  last  message,  in  my  judgement,  was  his  best.  Although 
he  left  the  enemy  in  possession  of  the  field  of  battle,  he 
himself,  retired  from  the  arena  in  the  spirit  and  with  the 
dignity  of  a  conquror. 

We  have  now  traced  the  history  of  political  parties  from 
the  year  1787,  to  within  a  few  months  of  the  time  I  am 
writing — embracing  a  period  of  more  than  half  a  century. 

In  reviewing  the  road  we  have  travelled,  we  cannot 
avoid  being  pained  with  the  spectacle  it  presents  of  the 
continued  struggles  of  individuals  for  place  and  power, 
nor  can  we  fail  to  perceive  that  some  of  those  individuals, 
and  frequently  such  of  them  as  were  highly  distinguished 
for  talents  and  patriotism,  have,  in  these  struggles  occa- 
sionally yielded  to  the  selfish  and  some  times  to  the  vicious 
propensities  incident  to  human  nature.  It  will  also  be 
perceived  that  there  has  scarcely  been  a  moment  during 


1840.]  OF    NEW-YORK.  533 

this  long  period  of  time  when  the  pubHc  mind  can  be  pro- 
nounced to  have  been  in  a  state  of  perfect  repose.  The 
contests  between  parties  have  been  incessant,  fierce  and 
at  times  ferocious — each  party  charging  the  other  with 
designs  fatal  to  the  prosperity  of  the  state  and  the  rights 
of  the  people.  The  prostration  or  fall  of  one  party  has 
alternately  produced  the  elevation  of  the  other,  which 
continued  until  that  other  party,  in  its  turn,  was  over- 
thrown. But  it  is  highly  creditable  to  the  principles  of 
our  government,  and  a  source  of  unspeakable  consolation 
to  the  patriot,  that  notwithstanding  these  contests  between 
powerful  and  popular  individuals,  the  tremendous  and 
continued  conflicts  between  belligerent  parties,  and  the 
alternate  triumph  of  the  one  over  the  other,  the  state  has 
steadily  advanced  in  wealth,  in  population  and  in  physical 
and  intellectual  power,  with  a  rapidity  heretofore  unequal- 
led, (may  I  not  say,)  by  any  community  on  earth. 

No  insurrections  have  occurred,  and  our  party  contests, 
though  ardent  and  bitter,  have  never  been  stained  with 
blood — all  controversies  have  been  decided  by  the  fiat 
of  tho  people,  silently  and  quietly  announced  through  the 
medium  of  the  ballot  box.  The  great  land  marks  of 
human  liberty  and  human  rights,  designated  in  our  state 
and  national  constitutions,  have  been  sacredly  regarded  by 
an  immense  majority  of  the  people,  to  whatever  party 
they  may  have  belonged  ;  and  whenever  party  leaders 
have  attempted  to  pass  these  boundaries,  they  have  been 
promptly  and  signally  rebuked  by  the  sovereigns  of  the 
land — the  freemen  of  the  state.  But  we  have  not  only 
preserved  the  rights  secured  to  us  by  the  constitution  of 
1777 — we  have  established  m.ore  efleciual  barriers  for  their 
protection — we  have  deepened  the  channel  and  extended 
the  boundaries  of  human  liberty — negro  slavery  has  been 
abolished — the  laws  of  New-York  now  refuse  to  recog- 
nize a  property  of  man  in  man — the  liberty  of  the  press 


534  POLITICAL    HISTORY  [1840. 

has  been  extended  and  more  effectually  secured — the  rights 
of  conscience  and  religious  freedom  have  been  more  safely 
guarded. 

The  population  of  the  state  has  mcreased  from  two  hun- 
dred and  fifty  thousand,  to  nearly  twenty-five  hundred 
thousand;  its  aggregate  wealth  has,  probably,  augmented 
in  a  much  greater  proportion.  Almost  eight  hundred 
miles  of  artificial  navigation  has  been  opened,  and  the 
country  is  rapidly  becoming  interspersed  with  railroads. 
Fifty  years  ago,  that  part  of  the  state  lying  west  of  Utica 
was  an  unbroken  wilderness  ;  its  gloomy  stillness  only  dis- 
turbed by  the  howl  of  ferocious  beasts,  and  the  yell  of  the 
savage  ;  it  now  contains  populous  cities,  and,  probably, 
more  than  a  million  of  inhabitants,  highly  civilized,  enter- 
prising and  enlightened.  Thirty-five  years  ago,  a  jour- 
ney from  New- York  to  and  from  lake  Erie,  where  the  city 
of  Buffalo  now  stands,  could  scarcely  be  performed  in  six 
weeks.  At  the  present  day,  the  same  journey  may  be 
accomplished  within  the  same,  or  perhaps  a  less  number 
of  days.  The  money  power  of  the  state  of  New-York  is 
at  this  moment  greater  than  that  of  the  whole  United 
States  was,  at  the  commencement  of  the  revolutionary  war. 

May  it  not  be  justly  affirmed,  tliat  our  physical  power, 
considering  its  greater  concentration,  is  superior  to  what 
was  then  the  physical  force  of  the  whole  union  ?  At  the 
time  of  the  adoption  of  the  constitution  of  1777,  and  for 
several  years  afterwards,  there  was  but  one  college  in  the 
state,  and  the  education  of  the  common  and  great  mass  of 
mind  was  wholly  unprovided  for  by  law.  There  are  now 
several  colleges  and  a  great  number  of  academies,  liberal- 
ly endowed,  and  furnished  with  able  professors.  A  fund 
has  been  created,  producing  an  annual  income  of  about 
two  iiundred  thousand  dollars,  which  is  sacredly  devoted, 
for  all  time  to  come,  to  the  support  of  common  schools. 
Every  human  being,  irrespective  of  national  descent,  or 


1840.]  OF  NEw-YoiiK.  r,rj5 

color,  can  participate  in  the  knowledge  dillused  by  these 
institutions. 

How  are  these  invaluable — inestimable  rights,  to  be  pre- 
served ?  How  is  the  continued  prosj)enty  of  the  state  to 
be  insured  1 

Let  me  not  be  told  that  all  is  safe,  and  that  no  danjrer 
is  to  be  apprehended  ;  that  more  than  three  score  years 
have  elapsed  since  we  sprang  into  existence  as  an  inde- 
pendent sovereign  republic ;  that  notwithstanding  the  tur- 
bulence and  high  heat  of  party  strife,  and  the  whirlpools 
of  faction,  which  from  time  to  tim-o  have  threatened  the 
destruction  of  our  institutions,  all  things  still  remain  as 
they  were  ;  that  the  experiment  has  been  successfully 
made,  and  that  we  may  safely  anticipate  the  perpetual 
enjoyment  of  our  civil  and  religious  rights.  /  ajii  fij'mhj 
convinced  that  it  would  be,  unwise  in  us  to  confide  in  these 
representations,  and  j-elinc/uish  that  unceasing  vigilance 
which  we  have  been  solemnly  as'iured  is  the  p-icc  of  lib- 
erty. 

The  great  mass  of  emigrants  from  Europe  are  composed 
of  a  class  of  men  the  least  enlightened  and  most  vicious 
of  the  inhabitants  of  that  continent,  and  the  tide  of  emi- 
gration from  the  old  world,  has  for  several  of  the  last 
years,  been  astonishingly  great,  and  is  increasing.  1  feel 
compelled  to  add,  that  we  ought  not  to  conceal  from  our- 
selves the  fact  that  a  considerable  portion  of  our  own  na- 
tive citizens  are  but  little  enlightened  ;  and  that  among 
other  vices,  that  of  intemperance,  to  a  certain  extent,  still 
prevails  among  us.  When,  therefore,  we  recollect  that 
the  right  of  sufTi-agc  is  now  universal,  and  that  the  major- 
ity of  the  people  are  our  sovereigns,  is  there  not  reason 
to  fear  that  the  elements  of  ignorance  and  vice  which  still 
exist  among  us,  will  combine  and  })roducc  an  exj)losion 
which  will  bury  in  ruins  this  fair  fabric  of  liberty  anc 
law,  erected  by  the  labors  and  cemented  by  the  blood  oi 


630  POLITICAL  HISTORY'.  [1840. 

our  fathers  ?  May  I  not  then  be  permitted  to  say  that 
although,  "  the  ides  of  March  have  come,  they  have  not 
passed  '?"  Again,  then,  I  ask,  how  are  our  institutions  to 
be  perpetuated  ?  How  is  the  prosperous  career  of  t!ie 
state  to  be  secured  ? 
1  answer  briefly, 

1.  By  inducing,  in  the  rising  generation,  habits  of  in- 
dustry, sobriety  and  temperance. 

2.  By  early  impressing  upon  the  mind  of  even/  cJiUd 
the  leading  principles  of  civil  and  religious  liberty,  and 
the  duty  of  sustaining  and  preserving  order  and  law. 

3.  By  encouraging  and  improving  our  common  schools, 
by  causing  every  child  to  be  instructed  in  them  ;  and  by 
establishing  a  mode  of  instruction  in  these  institutions, 
which  shall  not  alone  enlighten  the  intellect,  but  also 
affect  the  morals  and  reach  the  hearts  of  the  pupils.  •'  We 
are  looking,"  says  the  benevolent  and  eloquent  Dr,  Chun- 
ning,  "as  never  before,  through  the  disguises  and  envelop- 
ments of  rank  and  classes,  to  the  common  nature  which 
lies  below  them,  and  are  beginning  to  learn,  that  every 
being  who  partakes  of  it,  has  noble  powers  to  cultivate, 
solemn  duties  to  perform,  inalienable  rights  to  assert,  a 
vast  destiny  to  accomplish.  The  grand  idea  of  humanity, 
of  the  importance  of  man,  as  man,  is  spreading  silently, 
but  surely."  Every  child  should  be  taught  the  leading 
principles  of  the  government,  and  should  be  impressed 
with  a  proper  sense  of  the  high  responsibility  which  de- 
volves individually  upon  him,  and  his  own  dignity  as  a 
citizen  of  a  free  state. 

4.  By  instilling  into  the  young  mind  a  love  of  all  the 
social  virtues,  and  piety  towards  God. 

Posterity  will  have  high  claims  on  the  present  genera- 
tion. If,  with  the  means  placed  in  our  power  by  a  benefi- 
cent Providence — by  the  labors  of  our  predecessors,  and 
by  our  own  enterprise  and  industry,  we  discharge  faith- 


1840.]  OF    NEW-YORK.  b'.il 

fully  our  duty  to  those  foreigners  who  flock  to  us  to  obtain 
the  means  of  subsistence  and  protection,  and  also  to  our 
own  children,  by  whonn  I  mean  all  the  cliildren  of  the 
republic,  then,  indeed,  there  is  reason  to  believe  that  the 
most  sanguine  hopes  of  the  patriot  will  be  realized  ;  that 
the  march  of  the  Empire  State  to  wealth  and  power  will 
be  onward,  and  onwaid  ;  and  that  she  will  be  distinguished 
as  well  by  her  moral  elevation  and  intellectual  superiority, 
as  by  her  wealth  and  physical  power. 


(Note  A,  REFcnuED  to  on  Page  156.) 


In  chara<;terizirig  Mr.  Cramer,  (see  page  156,  2rf  vol.)  as  a  "  cunning"  man,  I  do  not 

mean  to  insiiumtc  that  he  was  a(i(ii(;ti>(i  to  tricker}'.  The  word  shrewd  would  [lerhaps 
have  boeii  more  appropriate  than  the  one  used  in  the  text.  Mr.  Cramer  is  a  man  who 
looks  deeply  int/j  the  human  lieart ;  he  is  eagle-eyed  in  discovering  the  motives  which 
govern  those  with  whom  he  comes  in  contact,  and  persevering  and  indefatigahle  in  car- 
rying into  eirccf  his  own  views.  Neman  more  promptly  tJian  he,  discerns  the  objects 
and  schemes  of  liis  opponents,  and  few  possess  greater  skill  and  tact,  in  einbarrassitig, 
deranging  and  defeating  them. 

There  are  two  other  men  in  Saratoga,  whose  names  are  not  mentioned  in  the  prececd- 
ing  iiketehes,  but  wlio  for  a  long  time  have  had  great  influence  with  the  democratic 
party  in  the  northern  section  of  the  stale.  The  one  is  Halsey  Rogers,  Esq.,  formerly 
of  Warren  county,  and  the  other  is  James  Thompson,  late  first  judge  of  Saratoga 
county,  son  of  the  veneraile  Judge  Thompson,  who,  in  the  perilous  period  of  1708,  we 
have  seen,  was  the  successful  candidate  for  congress  of  the  democratic  party,  against 
Gen.  Williams,  of  Washington  county. 

Mr.  Rogers  has  been  several  times  a  member  of  the  assembly,  and  on  those  occasions 
his  influence  has  ahvays  been  greatly  felt,  and  he  has  been  distinguished  for  his  energy 
and  efficiency.  He  is  a  man  of  great  mental  resources,  \to\A,  enterprising  and  perse- 
vering— ardent  and  generous  in  his  friendship,  but  skilful  and  vigilant  as  an  opponent. 
AVcre  I  in  political  life,  I  do  not  know  three  individuals  whose  united  ojiposition  I 
should  so  nmch  dread  as  that  of  Halsey  Rogers,  John  Cramer  and  James  Thompson. 
The  two  gentlemen  last  mentioned  have,  for  many  years,  been  the  uniform,  steady  and 
ardent  friends  of  Col.  Young  :  Mr.  Rogers  has  generally  also  been  friendly  to  him. 

AltJ'.ougli  Mr.  Young  and  Mr.  Cramer  were  dissatisfied  with  the  democratic  majority 
in  the  senate,  because  they  refused  to  pass  an  electoral  law  at  the  winter  session  of 
l'f24,  it  did  notfollosv  that  they  intended,  and  in  fact  tliey  did  not  intend,  on  that  ac- 
count to  detach  themselves  from  the  republican  party  ;  it  therefore  was  not  inconsis- 
tont,  nor  can  it  be  considered  improper,  that  Col.  Young  accepted  a  nomination  for  gov- 
ernor from  that  party,  or  that  Air.  Cramer  supported  it.  The  firm  and  indeiwndent 
stand  taken  by  Col.  Young  in  opposition  to  expenditures  for  roads  and  canals  in  lSi5-G, 
in  the  face  of  an  overwhelming  majority,  consisting  as  well  of  political  friends  as  optio- 
nents,  alfords  decisive  evidence,  not  only  of  his  integrity  and  moral  courage,  but  of  his 
independence  and  utter  disregard  to  personal  popularity,  when  it  can  only  bcobl.ainedor 
retained  by  a  sacrifice  of  principle.  While  on  this  subject,  I  will  take  tlie  occasion  to 
remark,  that  in  foZ.  I,  p.  4.>4,  I  have  spoken  of  Col.  Young  as  "  vindictive  "  towards 
his  opponents.  The  word  vindiclire  was  not  well  cho-sen,  for  I  did  not  mean  to  speak 
of  him  as  a  man  capable  of  cherishing  filings  of  revenge  upon  his  political  adversar- 
ies. If  I  had  said  he  was  pertinacious  and  inexorable  in  his  opposiiion  to  those  who 
differed  from  hnn  in  opinion,  I  should  have  better  expressed  my  meaning. 


-  KPLANATORY    NOTE.  o'i'J 

In  Fol.  I,  p.  162,  in  iiicmiuiuiig  the  I'act  ili.it  .Mr.  J.  ().  !lot1'iii:in  rfuiciird  ilie  olli.-c  uf 
attorney  general,  and  that  Judge  Speiirer  was  appoiuted  his  siiccosBor,  it  in  furiiier  tl;i- 
ted  that  in  1801,  wlien  the  judge  was  a  member  ol'  the  council  of  niipointineni,  all  tlie 
heads  of  tJie  e.xeculive  department  were  removed  e.\cc'pt  .Mr.  Hod'man,  who,  alihi)Uf;h  a 
zealous  federalist,  was  not  disturbed  ;  and  it  is  inferred  that  Mr.  Ppencer  desired  itir  of- 
fice, but  from  delicacy  declined  receiving  the  ap[>ointnient  while  he  was  a  memlier  of 
the  council,  and  tlial  there  was  au  understanding  between  liim  and  Mr.  HoUnian,  llial 
in  case  tlic  next  council  of  appointment  should  be  democrat-ic,  the  laller  should  resign 
ihc  oflice.  1  am  told  tliat  Judge  Spencer  atiirms  that  no  such  understanding  exi:4ted.  Of 
course  what  1  have  stated  by  way  of  inference  must  be  incorrect. 

I  seize  this  occasion  further  to  remark,  that  I  have,  tiirough  the  whole  work,  availed 
inys'lf  of  a  liberty  or  privilege  whicii  I  supiw-ed  was  universally  allowed  to  tho.-^c  who 
uniiertake  to  write  the  history  of  the  actions  of  men,  to  assume  that  they  acted  from 
such  motives  as  I  tliought  were  fairly  deducible  from  any  given  action  and  the  cir- 
cumstances under  which  the  particular  act  was  doTie.  Whether  I  am  correct,  llie 
reader  can  judge  as  well,  and  many  readers  much  better  than  [.  In  this  way  I  have 
ascribed  motives  and  views,  in  a  great  variety  of  instances,  to  such  leading  politicians 
as  Clinton,  Spencer,  Van  Buren,  Young,  Tompkins,  and  many  others,  which  may  or 
may  not  be  the  true  motives.  In  none  of  these  cases  do  I  mean  to  assert  the  e.xislence 
of  tlie  motive  as  a  fact  knuwn  to  me,  or  as  siisceptable  of  being  proved  by  positive  evi- 
dence, but  it  is  inferred  from  the  act  itself,  in  connection  witli  the  circumstances  which 
attended  it. 

In  Vol.  I,  p.  3S1,  the  fact  that  at  the  extra  session  of  1814  a  bill  was  brought  into  the 
assotnbly  by  Col.  Young  which  passed  both  houses  of  the  legislature,  for  raising  two 
regiments  of  colored  men  to  serve  in  the  army  for  three  years,  is  mentioned;  and  the 
conduct  of  Mr.  Young,  in  the  convention  of  IS^^l,  when  he  contended  that  tlie  right  of 
eurterage  of  colored  citizens  ougiit  to  be  restricted  to  freeholders,  is  alluded  to  as  incon- 
sistent with  the  course  he  took  in  1814.  This  intimation  is  unjust  as  respects  Colonel 
Young.  Gen.  Root,  in  the  convention,  opposed  allowing  the  negroes  the  privilege  of 
voting  on  the  ground  that  they  did  not  perform  military  duty  ;  and  at  the  time  I  wrote 
the  paragraph  in  the  first  volume,  an  impression  was  on  my  mind  that  Col.  Young  at 
that  time  concurred  witli  Gen.  Root.  When  I  examined  the  reports  of  tlic  convention 
with  a  view  of  presenting  a  digest  of  its  proceedings,  I  found  I  was  mistaken,  as  will 
l>e  seen  by  a  reference  to  vol.  II,  p.  IS  ;  but  I  forgot  to  correct  the  paragraph  in  the  first 
volume  before  it  was  stereotyped  and  published.  Col.  Young  advocated  the  restriction 
of  the  right  of  voting  to  colored  citizens  who  were  freeholders,  upon  the  ground  that 
a  legislator,  in  making  laws  or  framing  constitutions,  ought  to  adopt  his  sysirm  to  the 
state  of  society  as  it  actually  is  ;  tiiat  the  blacks  were,  in  point  of  fact,  too  ignorant  and 
too  degraded  ;  that  (conceding  that  it  was  wrong  to  have  reduced  them  to  that  condi- 
tion) they  were  an  unsafe  depository  of  the  right  of  sufierage.  (See  vol.  II,  page  18.) 
In  speaking  of  the  resolution  of  the  assembly,  (vol.  I,  p.  83,)  to  dismiss  the  complaint 
against  Judge  Cooper  of  Cooperstown  as  "frivolous,"  while  I  express  an  opinion, 
that  the  testimony  produced  against  him  did  not  prove  liim  guilty  of  any  official  mis- 
conduct, I  at  the  same  time  allege  that  the  complaint  was  not  frivolous  ;  but  by  this  al- 
legation, I  do  not  mean  to  be  understood,  that  Judge  Cooper,  as  a  private  citizen,  was 
proved  guilty  of  acting  corruptly.  Mr.  Cooper  was  an  ardent  and  zealous  man.  What- 
ever he  did,  "he  did  with  all  his  might  ;"  and  I  have  no  doubt,  tliat  he  occasionally 
supported  the  political  party  with  which  he  acted  on  some  occasions,  with  intemperate 
and  indiscreet  zeal.  This,  at  any  rate,  is  what  I  intended  to  intimate  in  the  text.  He 
was  one  of  the  most  enterprising  and  useful  pioneers  to  tlie  great  west ;  and  the  county 
of  Otsego  is  deeply  indebted  to  him  for  its  early  settlement  and  organization. 
In  page  450,  of  the  same  volume,  speaking  of  Mr.  George  Tibbits  of  Troy,  I  by  no 


510  EXPXANATORY     NOTES. 

mean?  wis^h  to  he  understood,  that  his  fondness  for  neootiation  ever  induced  him  to 
yield  liis  assent  to  measures  which  did  not,  in  his  judgment,  tend  to  promote  the  public 
good  ;  and  far  less,  that  on  any  occasion  he  acted  from  iinproper  and  impure  motives. 
1  intended,  in  the  text,  to  express  in  the  strongest  terms,  the  utter  indiiTereuce  of  Mr. 
Tihbits  to  the  Clintonian,  as  well  as  the  bucklail  republicj.ns. 

There  may  be  several  other  instances,  both  in  the  first  and  last  volume,  in  which  I 
have  expressed  myself  in  relation  to  Uie  motives  of  men,  with  too  little  care  and  caution. 
The  work  was  executed  in  haste,  and  no  part  of  it  has  been  re-written.  I  must,  in  all 
'^uch  cases,  invoke  for  my  intentions  and  motives,  the  most  charitable  construction  of 
the  reader,  and  beg  him,  unless  the  contrary  expressly  appears,  not  to  infer,  that  I  in- 
tended to  charge  moral  turpitude  to  any  one. 


(Note  B.,  Referred  to  on  Page  95.) 


When  I  wrote  the  paragraph  in  relation  to  the  Albany  post-offlce,  I  liad  notnclbre  me 
;hc  correspondence  referred  to  in  the  text.  My  account  of  it  was  given  from  memory, 
and  rather  incautiously  I  permitted  the  first  edition  to  lie  printed  and  puhlislied  witliout 
an  examinr.tion  of  what  actually  had  been  written  by  the  parties  to  that  correspon- 
de!i'"e.  I  h.ive  since  rend  the  communications  of  Messrs.  Tompkins,  King  and  Van 
Buren,  and  find  that  the  statement  in  the  text  is  partially  erroneous.  Mr.  King  did  not 
prulfft  against  the  appointment  of  Gen.  Van  Rensselaer — he  merely  requested  the  De- 
partment to  delay  the  appointment  of  a  postmaster  at  Albany,  until  funher  comraunica- 
lions  should  be  received  from  that  city.  This  request,  however,  under  the  circumstan- 
ces which  existed,  was,  I  well  recollect,  considered  at  the  time  as  an  act  hostile  to  the 
the  appointment  of  Mr.  Van  Rensselaer.  Wliether  it  ought  to  be  80  considered,  and 
therefore,  whether  the  strictures  in  the  text  on  the  conduct  of  Mr.  King,  are  justifiable, 
or  even  excusable,  tlie  reader  will  of  course  judge. 


(Note  C,  Referred  to  on  Page   190.) 


I  have  ascertained  that  the  statement  in  the  text  is  materially  incorrect.  1  have  lately 
been  informed  from  unquestionable  authority,  that  shortly  befjre  the  election  of  the 
I'resiient,  a  meeting  was  held  by  the  members  of  the  New-York  delegation,  friendly  to 
t!ie  election  of  Mr.  Crawford,  "at  which,  upon  a  full  view  of  the  subject,  they  decided 
v.ith  great  unanimity  to  adhere  to  Mr.  CrawCjrd  to  the  end,  and  leave  the  election  to 
le  made  by  others.  I  have  this  statement  from  a  gentleman  of  liigh  standing  who  was 
then  a  member  of  Congress,  and  w.is  present  at  the  caucus.  It  is,  however,  due  to  my- 
self 10  add  that  I  had  the  best  reasons  and  high  authority  for  the  allegations  contained 
in  tiie  text.  I  was  at  VVasliingtoii  at  the  time  of  the  election,  and  was  in  ftivor  of  the 
election  of  Mr.  Adams.    From  various  conversations  which  were  held  in  my  presence 


EXPLANATORY    NOTES.  511 

with  the  Crawford  members  from  tills  stale,  some  days  before  the  clectiun,  I  wnn  loil  to 
believe  Uiat  on  the  second  ballot  they  would  vote  for  Mr.  Adams,  lint  I  did  not  aKitcrt 
the  fact  on  such  grounds.  In  tJie  year  1H41,  I  was  told  by  a  leading  and  impartial  friend 
of  Mr.  Adams,  tJien  a  member  of  ilie  House  of  Representatives,  tliat  lie  knew  the  fad, 
that  the  Crawford  members  from  this  state  would  after  the  first  ballot  have  voted  for 
Mr.  Adams.  I  am  happy  to  add  that  I  am  now  well  satisfied  lliat  tlie  gentleman  last 
referred  to  was  sincere  in  the  assurance  which  he  gave  me,  that  some  time  l-efore  tlie 
election  several  of  Mr.  Crawfonl's  friends  had  assured  him  that  such  would  be  tlitir 
course,  and  he  had  never  been  informed  of  the  caucus  I  have  mentioned  when  the 
persons  with  whom  he  conversed  changed  their  determination.  My  friends  did  not  in 
tend  to  duceive  me,  but  was  himself  deceived. 


(Note  D.    Referred  to  on  Page  246.) 


Mr.  Viele,  though  an  ardent  friend  of  Mr.  Clinton,  was  an  original  Jaclcson  man. 
When  the  presidential  electors  were  chosen  by  the  Legislature  in  183-1,  although  not 
then  a  member,  he  was  at  Albany,  and  in  conjunction  with  S.  De  Witt  Bloodgood  and 
Samuel  Swartwout,  urged  with  great  zeal  and  address,  the  choice  of  Jackson  electors. 
He  continued  during  his  life  to  be  a  warm  friend  and  supporter  of  Gen.  Jackson.  He 
was  one  of  the  most  efficient  friends  of  Gov.  Clinton  in  the  county  of  Saratoga,  where 
he  resided,  when  he  was  elected  to  tlie  Senate.  Frank,  generous  and  warm-hearted 
he  was  personally  popular,  and  had  many  cordial  friends.  He  was  one  of  the  most  elo- 
quent men  in  the  Senate. 


(Note  E.,  Referred  to  on  Page  288.' 


It  is  probable  that  one  other  consideration  had  some  effect  in  inducing  a  preference 
for  the  nomination  of  Mr.  Throop.  On  the  trial  of  an  indictment  against  Lawson  and 
others,  for  the  abduction  of  Morgan  in  tlie  winter  of  1827,  at  Canandaigua,  Mr.  Tliroop 
in  sentencing  the  accused  had  uttered  sentiments  highly  satisfactory  to  tlie  Anti-Ma- 
sons— (see  page  376)— and  it  was  hoped  that  he  would  receive  many  anti-masonic 
votes,  whereas  Pitcher  was  a  mason,  and  if  he  was  the  candidate,  notliing  but  opposi- 
tion from  the  anti-masons  would  be  anticipated. 


542  EXPLANATORY    NOTES. 


(Note  F.    Referred  to  on  Page  289.) 


Oup  principal  cnuse  of  the  vigorous  and  almost  successful  opposition  of  the  Adams 
to  the  Jackson  party  at  the  election  in  lg-2?,  is  not  mentioned  or  even  referred  to  in  tlie 
text.  About  a  year  before  that  election  the  Adams  party  in  Albany  havilig  become 
satisfied  that  in  all  human  probability  tliey  would  be  obliged  to  encounter  tlie  opposi- 
tion of  Gov.  Clinton,  and  that  one,  if  not  both,  of  the  owners  ajid  editors  of  the  Al- 
bany Daily  Advertiser,  were  in  principle  Jackson  men,  established  a  new  daily  paper 
which  was  called  "  The  Albany  Morning  Chronicle."  The  editorial  department  of  this 
paper  was  conducted  by  S.  B.  Beach,  Esq.,  an  accomplished  scholar  and  a  very  able 
writer.    As  an  ingenious,  clear  and  logical  reasoner,  .Mr.  Beach  has  few  su|)eriors. 

During  the  jear  preceding  the  election  this  paper  had  an  extensive  circulation  in  tlie 
state,  and  no  doubt  produced  considerable  effect — greater  I  presume  than  «as  anticipa- 
ted by  the  adverse  party.  Soon  after  the  result  of  the  election  was  known,  the  publica- 
tion of  the  Morning  Chronicle  was  discontinued. 

Mr.  Beach  is  now  the  incumbent  of  an  otfice  at  Washington,  connected  with  tlie 
General  Post  Office. 


(Note  G.,  Referred  to  on  Page  458.) 


In  the  remarks  relative  to  Judge  Savage,  it  was  far  from  my  intention  to  cast  any 
i;nplied  censure  upon  Judge  Sutherland.  He  had,  as  I  have  som  where  before  observed, 
a  large  family,  and  his  duties  as  a  judge  required  that  he  should  reside  in  the  city  of 
Albany.  Although  economical  and  frugal  in  his  e.xpenses,  his  salary  was  insufficient  to 
enable  him  to  educate  and  support  his  family  in  the  city.  His  resignation  was  deeply 
regretted,  but  his  reasons  for  resigning  was  approved  by  all.  On  his  retirement  from  of- 
fice a  very  numerous  and  respectable  meeting  of  the  members  of  the  bar  was  held  at 
Albany,  of  which  the  venerable  Abraham  Van  Vechten  was  president,  and  resolutions 
were  adopted,  and  an  address  was  delivered  to  him  expressive  of  the  high  sense  enter- 
tained by  the  meeting  for  his  judicial  services,  and  tJieir  regret  that  the  public  could  no 
longer  enjoy  (he  benefit  of  those  services.  To  this  address  Judge  Sutherland  made  a 
respectful  but  eloquent  and  most  affectionate  reply. 


EXPLANATORY   NOTES.  543 


(Note  H..  Referred  to  on  Page  155.) 


Notwithstanding  what  is  said  in  tlie  note  sutijoiiied  to  page  l.w,  1  am  now  enalilcil 
.0  state  tliat  Gov.  Clinton  was  not  the  author  of  BufTalo.  The  nutuliers  signed  Biiflalo 
dnd  Schoharie,  as  well  as  several  other  huniorous  jiieces  written  in  the  same  Htylc, 
were  written  by  S.  De  Witt  Bloodgood  and  Charles  A.  Clinton.  Of  the  twelve  nuni- 
Ders  which  appeered  under  the  signature  of  Buffalo,  eix  were  the  production  of  Mr. 
Bloodgood  and  six  of  Mr.  C.  A.  Clinton.  I  state  this  fact  on  the  authority  of  .Mr. 
Bloodgood  himself— but  1  ought  to  add,  that  I  do  so  witliout  his  request. 


(Note  I.,  Referred  to  on  Page  17],) 


A  little  before  the  meeting  of  the  Utica  Convention,  a  pamphlet  to  which  the  signa- 
ture of  "  Broome  "  was  affixed,  was  printed  and  extensively  circulated  tlirough  the 
state.  It  discussed  wtih  freedom  the  merits  of  the  gentlemen  who  had  been  mentioned 
as  suitable  candidates  of  the  people's  party  for  Governor,  and  urged  with  great  force  the 
superior  claims  of  Mr.  Clinton.  The  views  presented  in  this  pamphlet  probably  i)ro- 
duced  more  effect  than  any  other  publication  of  that  day.  It  was  written  by  S.  De 
Witt  Bloodgood,  Esq.,  then  a  young  man  possessing  talents  as  a  writer  of  high  order, 
and  a  greai  activity  and  energy  of  character. 


(Note  J.,  Referred  to  on  Pages  455  &  459.) 

his  is  an  error.    Judge  Bronson  succeeded  Judge  Sutherland,  and  Judge  Cowen  sup- 
plied the  vacancy  produced  by  tlie  resignation  of  Chief  Justice  Savage. 


(Note  K.,  Referred  to  on  Page  308.) 


The  criticisms  on  the  style  of  Gov.  Throop  contained  in  my  former  e.litions  are  omit- 
ted in  this  :  and  the  three  following  paragraphs  have  l-ecn  subsUluted  because  on  rcHcc- 
tion  I  am  baiisfied  ttiose  criUcisms  are  unjust  ;  but  if  Uicy  were  just,  ihcy  arc  unsuitcd 
to  a  work  of  this  kind. 


544  EXPXANATORY    NOTES. 


(Note  L.,  Referrkd  to  on  Page  523.'' 


On  the  euhject  of  tlie  point  of  order  nientioned  in  the  text,  I  have  been  favored  with  a 
letter  from  (iov.  !?radish,  which  contains  so  learned  and  aide  a  discussion  of  tlie  ques- 
lion  he  decided,  that  1  requested  his  permission  to  publish  it  ;  and  I  now  have  tlie  salis- 
(acuon  of  presenting  it  to  the  reader. 


Throg's  Neck,  JVestcheiter,  Jan.  30tA,  1S!4. 
DkaR  Sir  :— 

On  the  5i3d  page  of  the  2d  Vol.  of  your  "  Political  History  of  New  York,"  you  refer 
to  the  proceedings  which  took  |)lace  in  the  senate  of  this  state,  on  the  1-lth  of  January, 
1^4(',  0:1  the  nomination  of  Mr.  Tallinadge  as  senator  in  the  congress  of  the  United 
States,  in  the  following  manner  :  "  Col.  Voung,  when  called  on  in  the  senate  openly  to 
nominate  a  senator,  attempted  to  make  a  speech,  in  which  he  proposed  to  set  forth  the 
reasons  lor  tne  vote  he  was  about  to  give.  He  was  called  to  order,  and  the  President  of 
the  senate  decided  he  w'as  not  in  order.  On  an  apical  to  the  senate,  a  majority  voted  to 
sustain  the  decision  of  the  chair.  /  mention  this  occurrence,  not  for  the  pvrpose  of 
imputing  blame  either  to  Col.  Young  or  the  lieutenant  governor,  Irut  because  to  mc 
the  gueition  of  order,  on  this  occasion  decided  and  settled,  is  new." 

"  Now,  notwithstanding  the  disclaimer  contained  in  the  last  sentence  of  lliis  para- 
graph, its  tendency  and  ctfect  upon  the  public  mind,  considering  the  experience  and 
familiarity  of  its  author  with  parliamentary  proceedings,  would  be  to  induce  the  conclu- 
•jion,  either  that  the  question  of  order  and  \\^  decision  were  both  new;  or  that,  if  the 
former  were  usual,  the  latter  at  any  rate  was  novel.  The  expression  indeed  is,  I  think, 
calculated  at  least  to  cast  a  shade  of  doubt  over  the  correctness  of  that  decision. 

Believing,  as  I  confidently  do,  that  both  the  question  of  order  rais^ed,  on  the  occasion 
rcierred  to,  and  tha  decision  of  that  question,  instead  of  being  new,  are  almost  as  old  as 
the  existence  of  deliberative  bodies,  and  arc  fully  sustained  by  parliamentary  law,  e.x- 
press  rule,  and  right  reason  ;  I  must  ask  your  indulgence  a  moment  while  I  present  to 
you  some  of  the  grounds  of  this  opinion. 

First,  then,  as  to  the  parliamentary  law. — It  must  be  borne  in  irrind  that  tlie  senate  was 
engaged  in  the  discharge  of  a  specific  duty  imposed  upon  it  by  law.  That  botli  the  duly 
snd  the  time  of  its  performance  were  expressly  prescribed  by  statute.  The  act  of  nom- 
mating  is  like  a  division  of  the  senate,  telling  it  aliihabetically,  or  taking  the  ayes  and 
noes. 

Mr.  Jeflerson,  In  the  41st  section  of  his  manual,  lays  down  the  law  of  parliament,  ap- 
plicable in  this  case,  as  follows  :  "While  the  house  is  telling,  no  member  may  speak,  or 
mt)ve  out  of  his  scat,  for  if  any  mistake  be  suspected,  it  must  be  told  again.  Mem.  in 
Hakew.  26,  2d  Hats.,  U3." 

"  if  any  difiiculty  arises  in  point  of  order  during  a  division,  the  Speaker  is  to  decide 
peremptorily,  subject  to  the  future  censure  of  the  house,  if  irregular.  He  soinetimeis  per- 
mits old  and  experienced  members  to  assist  him  with  their  advice,  which  they  do,  sitting 
in  their  seats,  covered,  to  avoid  the  appear.-ince  of  debate  ;  but  this  can  only  be  with 
the  Speaker's  leave,  else  the  division  might  last  several  hours.    2d  Hats.  113." 

Second,  as  to  express  rule.— By  the  10th  rule  of  the  senate  of  this  state,  which  corre- 
sponds with  the  16th  rule  of  the  senate  of  the  United  States,  as  published  in  lKi7,  •'  on 
a  division,  each  member  called  upon,  unless  for  special  reasons  he  !«  excused  by  the 
senate,  shall  declare  openly  and  without  debate,  Iris  assent  or  dissent  to  the  quejition." 


EXI'LANATORV    NOTES.  515 

Ry  the  riilos  of  llic  House  of  Reprosciiuiivcrt  in  Consreis  even  a  inoUoii  to  cvciisc  a 
nieinbiT  from  voliiii;  on  a  i>eii(iing  lluc^tion,  nmsl  lie  made,  not  when  ilie  iiieiiilier's  name 
is  calleil  in  its  alphadelical  oriler,  bin  licfore  the  House  ilivides,  for  before  the  call  of 
llie  yeas  and  noes  is  commenceil.  Tlie  qncslion  is  llicn  to  be  taken  wiihoiit  further  de- 
late.   Sec  rule  3(i,  as  piiblislicd  in  ItJ{7. 

In  the  :M  place.  This  law  of  parliament  and  express  rule  are  in  conformity  to  riglit 
reason.  For  if  one  member  be  pcrmiued,  durinf,-  a  division,  to  gixx-  his  reasons  for  bia 
vote,  this  would  of  course  involve  the  whole  merii*  of  the  pendin;^  cjuesiion,  and  every 
oilier  member  nnisi  conseiiuently  be  at  liberty  to  answer  him.  'i'his  woidd  necessarily 
draw  on  a  general  discussion.  If  this  may  be  permitted  in  relation  to  any  one  member, 
il  must,  of  coupfse,  be  in  regard  to  every  other,  a«  his  name  is  called  in  al|ihabelical  or- 
der :  and  the  division,  or  final  vote  on  i)ie  luestion,  iniyht  be  continued  for  days.  The 
mischiefs  of  such  a  course  can  be  too  easily  imagined  to  rcnuire  particular  sUitemeiit. 
All  this  would  be  true  in  an  onlinary  case  ;  hut  in  the  case  referred  to,  as  has  becxi  be- 
fore remarked,  tlie  senate  W'as  discharging  a  specific  duly  expressly  prescribed  by  statute 
That  duty  was  required  to  be  performed  on  that  day.  Suppose  tlie  senator  in  question 
l*id  lieen  permitted  to  give  "  hU  reasons,"  and  a  general  discussion  had  followed,  which 
occupied  ihe  whole  day,  would  not  llie  statute  have  been  evaded,  and  an  im|>ortant  a\>- 
poiiitmcnt  have  been  defeated  !  The  statute  having  fixed  tlie  day  after  its  enactment 
for  t!ie  appointment,  could  it  have  been  made  on  any  other  day,  witJiout  a  new  statute 
to  that  elTect  ?  Tlie  general  opinion  seemed  to  be  that  it  could  not.  So  at  least  it  was 
considered  the  year  before  under  the  former  statute,  which  had  been  evaded  ;  and  hence 
Ibe  supposed  necessity  for  the  new  statute.  If  it  should  be  said  that  the  time  indicated 
in  the  statute  for  the  appointment  was  merely  directory  and  not  mandatory,  and  liiat 
it,  therefore,  was  not  essential  ;  or  that  the  procecdhig  having  been  commenced  on  the 
day  fixed  by  the  statute,  although  it  should  not  have  terminated  until  some  days  after, 
yet  the  result  would  have  referred  back  to  the  time  of  the  initiatory  step,  and  the  whole 
proceeding  have  thus  been  a  substantial  and  elVectual  compliance  with  the  statute,  I 
would  answer,  even  admitting  that  it  might  be  so,  which,  however,  I  by  no  means  do, 
yet,  in  a  case  like  that  in  question,  would  it  have  been  wise  to  leave  it  still  a  subject  of 
noubt  and  agitation  ?  The  former  statute  had  been,  in  my  judgement,  most  unlawfully 
and  unconstitutionally  evaded,  and  tlie  state,  with  all  her  immense  interests  concerned, 
had  already  been  for  the  year  past,  in  consequence,  deprived  of  her  full  representation 
in  the  senate  of  the  United  States.  Would  it  have  been  \\ise  to  have  left,  even  io 
doubt,  a  continuance  of  such  a  state  of  things  ? 

If  it  be  said  that  this  is  an  argnmentum  ab  inconvenicnti,  and  often  used  rather  to 
indicate  what  the  law  should  be,  than  to  show  what  it  actually  is,  I  answer,  tliat  I 
have  already  stated  what  llie  parliamentary  law  and  express  rule  are.  My  object,  in 
this  third  place,  is  merely  to  show  that  iJiis  parliamentary  law  and  express  rule  are 
foundeil  in,  and  fully  sustained  by  right  reason.  The  law,  in  tliis  case,  I  consider  as 
long  since  and  well  established  ;  and  its  application  is  of  frequent  occurrence,  and  has 
been  uniform. 

The  case,  where  the  question  is  first  put  on  the  affirmatiDe  side  separately,  and  tlicn 
on  the  negative,  is  diflerent,  and  is  governed  by  a  different  rule.  There  the  law  of  par- 
liament permits  a  member,  after  the  question  is  put,  and  the  vote  taken  on  the  affirma- 
tive side,  and  before  the  negative  is  put,  to  speak.  Even  amendments  may  be  offered, 
and  the  general  discussion  renewed,  upon  the  ground  Uiat  it  is  no  full  question  until 
the  negative  is  put.  But  in  that  case  the  whole  question  must  be  put  over  again,  for 
the  very  obvious  reason  that  the  minds  of  those  who  had  voted  in  tlie  afiirniative  may 
liave  been  changed  by  the  new  discussion. 

But,  in  tlie  case  in  question  referred  to  by  you,  tlie  affirmalice  and  negative  of  ibc 


54G  EXPLANATORY    NOTES. 

question  were  boih  taken  togetlicr.  They  l)egan  nnd  proceeded  pari  passu.  This  is  al- 
ways tlic  case  when  ihe  body  is  told  alphabetically,  or  when  tlie  yeas  nnd  nays  arc 
calleil.  In  such  eases,  no  speakuig  or  dchaie,  not  even  a  moiiori,  is  allowed  after  iJio 
voting  has  commenced.  'J'liis  is  believed  to  be  the  established  law  and  uniform  practice 
of  all  deliberative  bodies,  whicli  are  governed  by  i>arllanicniary  rule,  or  the  principles 
of  order.  This  parliamentary  rule  and  practice  are  founded  in  reason  and  good  sense. 
But"  the  reasons  for  this  universally  acknowledged  rule,  always  applicable  in  tJie  ordi- 
nary course  of  legislation,  are  much  strengthened  when  the  body  is  acting  rn  pursuance 
of  a  joint  resolution  of  the  two  liouies,  or  in  tlie  discharge  of  a  specific  duly  eipressly 
prescribed  by  statue  or  tlie  constitution.    This  latter  was  the  case  in  question. 

I  liave  detained  you  longer  than  I  intended,  but  as  the  occasion  referred  to  by  you 
was  one  of  great  interest,  and  I  consider  the  parliamentary  rule  applicable  in  tlie  case 
not  only  important,  but  very  clear  and  well  established,  and  the  question  of  order, 
therefore,  well  raised,  and  correctly  decided,  I  trust  you  will  excuse  the  tedious  detail 
of  luy  communication. 

And  believe  me  to  be,  dear  sir. 

With  sentiments  of  great  personal  respect  and  esteem, 
Your  obedient  servant, 

Hon.  Jabkz  D.  Hammond.  L.  BRADISII. 

P.  S.  The  foregoing  is  intended  to  be  addressed  to  you,  individually,  and  nut  through 
you  to  the  public,  in  answer  to  your  paragraph.  L-  B. 


INDEX  TO  VOLUME  11. 


A. 

ACT,  for  the  appointment  of  Reviserg  of  the  Statutes,  182.  Called  "  the  Hold  Ovei 
Law  "  passed,  182.  To  create  a  Superior  Court,  New- York,  278.  Jones, 
Oakley  and  Hoffman  appointed  Judges  thereof,  279.  To  preserve  the  purity 
of  elections,  514.    Registry  act  for  New-York,  passed,  525. 

ABOLITION  SOCIETIES  organized,  455-«. 

ADAMS,  JOHN,  and  Jeflerson,  both  died,  4th  July,  1826,230. 

ADAMS,  JOHN  Q,.,  elected  President  by  House  of  Representatives,  189.  Public  feeling 
towards  him,  127. 

ALBANY  REGENCY,  members  of,  157. 

ANTI-MASONS,  nominate  F.  Granger  for  Governor,  and  J.  Crary  for  Lieutenant  Gov- 
ernor, 284.  Become  a  political  party,  338.  Established  Albany  Evening 
Journal,  338.     Amalgamate  with  Whigs,  439. 

ANTI-MASONRY,  Political  History  of,  360-403. 

ASSEMBLY,  description  of,  1823,  104.  Of  1828,  contains  much  talent,  263.  Character 
of,  32S. 

B. 

BANK  commissioners,  326.  Pressure  on  Legislature  for  bank  charters,  447.  Banks  bu»- 
pend  specie  payment,  470. 

BANK  U.  S.  bill  vetoed  by  the  President,  419.    United  States  deposits  removed,  434. 

BARSTOW,  G.  H.,  member  of  Assembly,  427.  Declines  re-appointment  of  Bute  Trea- 
surer, 510. 

BEARDSLEY,  SAMUEL,  appointed  United  States  District  Attorney,  132.  Appointed 
Circuit  Judge,  declines,  and  Hiram  Denio  appointed,  437.  Appointed  Attor- 
ney General,  463. 

BEARDSLEY,  LEVI,  re-elected  Senator,  315.  Great  vote  for  him  in  Sixth  District, 
315. 

BECK,  NICHOLAS  F.,  Adjutant  General,  death,  character,  340. 

BETTS,  SAMUEL  R.,  nominated  Judge  of  Supreme  Court,  111.  Rejected,  112.  Ap- 
pointed Circuit  Judge,  113. 

BIRDSALL,  JOHN,  resigns  the  office  of  Circuit  Judge,  Addison  Gardner  appointed,  313. 

BLOODGOOD,  DE  WITT,  appointed  Aid  to  Goy.  Clinton,  187. 

BOUCK,  WILLIAM  C,  nominated  for  Governor,  526. 

BRADISH,  LUTHER,  elected  to  Assembly,  263.  Speaker,  480.  Nominated  for  Lieu- 
tenant Governor,  483.    Elected,  486. 

BRONSON,  GREENE  C,  appointed  Attorney  General,  304.  Judge  of  Supreme  Court, 
459. 

BUEL,  jESSE,  nominated  for  Governor,  461. 


548  INDEX. 

BUTLER,  B.  F.,  elected  to  Assembly,  262.  Appointed  United  States  Attorney  General 
and  proceedings  at  Albany,  436. 

c. 

CANAL  COMMISSIONERS,  their  report  on  the  Chenango  Canal,  328.  Michael  Hoff- 
man appointed,  436.  John  Bowman  appointed,  455.  Whitney  Dexter,  Hud- 
son, Boughton  and  H.  Hamilton  appointed,  525. 

CANALS,  their  completion  celebrated,  205.  Chemung  Canal  bill  passed,  310.  Che- 
nango Canal,  project  of,  249.  Bill  for  constructing  passes,  425.  Act  for 
widening  Erie  Canal,  445-6.  Report  of  Ruggles  on  Internal  Improvements, 
483. 

CAMPBELL,  WILLIAM,  appointed  Surveyor  General,  454. 

CAUCUS  on  the  presidential  question,  128.  Of  Adams  party  at  Knickerbocker  Hall. 
281. 

CHATFIELD,  L.  S.,  democratic  candidate  for  Speaker— his  character,  519. 

CIRCUIT  JUDGES,  appointed  in  1823,  Names  of,  117. 

CLAY  CONVENTION,  at  Albany,  366 

CLAY  PARTY,  organized,  346. 

CLINTON,  DE  WITT,  his  speech  Nov.  1821,  88.  Declines  being  a  candidate  for  re- 
election, 97.  Supposed  author  of  Buffalo,  155.  Removed  from  office  of  Canal 
Commissioner,  159.  Cunningham's  speech  thereon,  163.  Proceedings  of  the 
people  thereon,  163-6.  Movements  to  nominate  him  Governor  at  the  Utica 
convention,  170.  Nominated  for  Governor,  173.  Elected,  175.  His  message, 
185.  Offered  appointment  of  Minister  to  England,  which  he  declines,  199. 
Message  in  1826,  209.  Nominated  for  re-election,  231.  Elected,  235.  Mes- 
sage, 243.  Declines  being  a  candidate  for  Presidency,  is  for  Jackson,  256. 
Last  messge,  264.  Death  and  character,  266-75.  Bill  granting  money  to  hii 
children,  276.    Monument  to,  proposed  by  Gov.  Seward,  508. 

COMMON  SCHOOLS,  District  School  Library,  bill  for,  passed,  453.  James  Wads- 
worth's  exertions  for  it,  453. 

CONGRESS,  extra  session  of,  474.    Pass  the  Independent  Treasury  bill,  326. 

CONKLING,  ALFRED,  appointed  United  States  Disuict  Judge,  204. 

CONSERVATIVES  convention  at  Syracuse,  436. 

CONSTITUTION,  proposed  by  Convention,  adopted  by  the  people,  94. 

CONVENTION  of  1821,  description  of  Members  of,  1-4.  Reporters  of,  4.  Committee*, 
5-6.  Council  of  Revision,  discussions  respecting,  7.  Governor's  term  of  of- 
fice, 9-10.  Van  Buren's  Speech  on,  11-13.  State  Senators,  number  of,  13. 
Suffrage,  Jay's  speech  on  confining  rights  to  white  citizens,  15.  Registry  of 
voters,  21.  Freehold  qualification.  Judge  Spencer's  proposition  respecting,  22. 
His  speech,  23-32.  Chancellor  Kent's  speech  on  same  subject,  32-40.  Gen, 
Boot's  speech  against,  40-47.  Proposition  rejected,  49.  Three  parties  on  this 
question,  48-9.  Remarks  upon,  49-52.  Discussions  on  Judiciary  system,  52. 
Monroe's  Report  thereon,  53.  Root's  scheme,  54.  Proposition  of  N.  Will- 
iams, 56.  Root's  substitute  rejected,  57.  Committee  of  seven  on  Uiat  sub- 
ject, 57.  Tbeir  Report  rejected,  58.  Van  Buren's  speech  against  removing 
Supreme  Court  Judges,  59.  Gen.  Carpenter's  plan.  61.  Adopted,  63.  Re- 
port of  Committee  on  appointing  power,  64.  Council  of  Appoinmient  abol- 
ished, 65.  Van  Buren's  speech  on  appointing  power,  65-73.  Piatt's  plan  of 
appointing  county  officers,  74.  Edward's  speech,  74.  Manner  of  appointing 
Justices  of  the  Peace,  75.  Root  proposes  election  of  Sheriffs  and  Clerks,  77. 
la  supported  by  Young,  77.  Appointment  of  State  officers,  78.  Remarks  on 
the  abolition  of  a  Central  Appointing  Power,  78-80.    Addresss  by  Convention 


INDEX.  549 

to  the  People,  80.    Bacon's  speech  on  giving  his  final  vote,  91-3.    Farewell 

speech  of  the  President,  84. 
CONVENTION  AT  UTICA,  proceedings  of,  170.    At  Albany,  .n  favor  of  Domc«Uc 

Manufactures,  236.    At  Albany,  of  Adams  men,  10th  June,  1828,  282. 
COOKE,  BATES,  appointed  Comptroller,  511 
COUNCIL  OF  APPOINTMPNT  of  1822,91. 
COWEN,  ESEK,  appointed  Circuit  Judge,  280.    Appointed  Judge  of  Supreme  Court, 

455. 
CRARY,  JOHN,  elected  to  Assembly,  132.    Refuses  to  decline  as  candidate  for  Lieut. 

Governor,  285-7. 
CRAWFORD,  WILLIAM  H.,  favorite  candidate  for  President  of  Mr.  Van  Buren  and 

his  friends,  128.    Nominated  President  by  a  caucus  of  members  of  Congress, 

149-  :)>;:^^ 

CROLIUS,  CLARKSON,  chosen  Speaker,  185. 

CROSWELL,  EDWIN,  and  I.  a.  LEAKE,  appointed  State  Printers,  151. 
CROSWELL,  EDWIN,  character  as  an  editor,  122-3.    Further  remarks  on  hia  charac- 
ter as  an  editor,  524. 

D. 

DAVIS,  GEN.,  elected  Speaker,  34.?. 

DAVIS,  RICHARD  D.,  speech  at  Syracuse,  527. 

DE  WITT,  SIMEON,  death  and  character,  443. 

DICKINSON,  DANIEL  S.,  nominated  Lieutenant  Governor,  520. 

DIX,  JOHN  A.,  appointed  Adjutant  General,  341.    Secretary  of  State,  431 

DUDLEY,  CHARLES  E.,  elected  United  States  Senator,  character,  302-3 

E. 

ELECTION  OF  PRESIDENTIAL  ELECTORS,  by  the  people,  advocated  by  oppo- 
nents of  Crawford,  131. 

ELECTION,  of  182.3,  majority  of  Legislature  chosen  opposed  to  Clinton,  20.>-C. 

ELECTORAL  LAW,  committee  of  nine  appointed  thereon,  141.  Proceedings  of  com- 
mittee, 144.  Bill  for  same,  and  proceedings  on  in  Assembly,  145-0.  Passes 
the  Assembly,  146.    Proceedings  on  in  Senate,  150-4. 

EMMET,  T.  A.,  death,  261. 

F. 

FLAGG,  A.  C,  appointed  Secretary  of  State,  214.    Comptroller,  431. 

G. 

GOODELL,  RICHARD,  elected  Speaker,  his  character,  140. 

GRANGER,  FRANCIS,  supports  Chenango  and  other  lateral  canals,  251.  Nominated 
Lieutenant  Governor  by  National  Republicans,  declines  nomination  for  Gov- 
ernor by  Anti-Masons,  285-0.  Nominated  for  Governor,  334.  Also  in  lba2, 
417. 

GRIDLEY,  PHILO,  appointed  Circuit  Judge,  488. 

GROSS,  E.  C,  member  of  Assembly,  death  and  character,  310. 

H. 

HAIGHT,  JACOB,  State  Treasurer,  512. 

UALL,  WILLIS,  appointed  Attorney  General,  511. 


550  INDEX. 

HARRISON,  WILLIAM  H.,  nominait'd  for  President,  519.    Elected  President,  529. 
HENRV,  JOHN  v.,  (IcaUi  and  character,  313. 
HIGUMINDEI)  FEDERALISTS,  supiwrt  Adams,  2S2. 
HUBBEL,  LEVI,  appointed  Adjutant  General.  431. 
HU.MPHREY,  CHARLES,  Speaker  in  1633,  443.    Re-elected,  44j. 
HUNTINGTON,  HENRY,  nominated  for  Lieutenant  Governor,  ija. 

J. 

JACKSON,  ANDREW,  nominated  for  President  in  Pennsylvania,  150.  His  jioimlar- 
ity,  2o4.  Nominated  President  by  legislative  caucus,  "iHO.  Nominated  foi 
re-election  at  Albany,  33ii.    Disputes  in  his  cabinet  respecting  Mrs.  E.,  3.>4. 

JAY,  JOHN,  his  dealli  and  proceedings  tliereon,  310. 

JONES,  SAMUEL,  Jr.,  appointed  Chancellor,  213. 

JORDAN,  AMBROSE  L..  resigns  his  seat  in  tlie  Senate,  his  reasons,  292. 

K. 

KENT,  JAMES,  term  of  office  expires,  proceedings  thereon,  133. 
KEMBLE  and  BISHOP,  proceedings  against  them  in  the  Senate,  they  resign,  459. 
KING,  RUFUS,  declines  a  re-election  to  U.  S.  Senate,  191.    Apjiointed  Minister  to 
England,  201. 

L. 

LEGGETT,  WILLIAM,  appointed  on  a  mission  to  Central  America,  his  death,  514. 
LIVINGSTON,  PETER  R.,  elected  Speaker,  106.     Elected  President  of  the  Senate, 

265.    Supports  Henry  Clay,  aM. 
LIVINGSTON,  EDWARD  P.,  elected  Lieutenant  Governor,  336. 
LIVINGSTON,  CHARLES  L.,  chosen  Speaker,  405.    Re-elected,  430. 
LIVINGSTON,  EDWARD,  chosen  Speaker,  404. 

LOCO-FOCO,  OR  EQUAL  RIGHTS  PARTY,  account  of,  from  4S9  to  504. 
LOTTERIES,  contract  with  Mclntyre  and  Yates  respecting,  92-4. 

M. 

MARCY,  WILLIAM  L.,  appointed  Comptroller,  114.  Judge  of  Supreme  Court,  2S9. 
Elected  U.  S.  Senator,  317.  Nominated  Governor,  421.  Elected,  424.  First 
Message,  430.  Re-elected  Governor,  442.  Message,  443.  Message,  450.  His 
views  relative  to  State  expenditures.  430.  Re-elected  Governor,  462.  Nom- 
inated for  re-election,  485.  Refuses  to  call  Senate  for  Executive  business  af- 
ter failing  in  his  election,  438. 

MASS  MEETINGS,  remarks  upon,  527. 

MAYNARD,  WILLIAM  H.,  elected  Senator,  his  character,  292.  Death  and  charac- 
ter by  Croswell,  420. 

MONELL,  ROBERT,  appointed  Circuit  Judge,  348. 

MONROE,  JAMES,  re-elected  President,  early  contest  about  his  successor,  125.  His 
death,  367. 

MOREHOUSE,  E.  B.,  his  resolution  against  re-chartering  the  U.  8.  Bank,  351. 

MORGAN,  WILLIAM,  his  abduction,  237. 

N. 
NELSON,  SAMUEL,  Judge  of  the  Supreme  Court,  347.    Chief  Justice.  458. 


INDEX.  551 

NEW-YORK  PATRIOT,  eauiblishcd  to  oppose elec ton  of  Crawford,  edited  by  C.  K. 

Gardiner,  130. 
NOAH,  M.  M.,  editor  of  the  National  Advocate,  Sheriff  of  New- York,  120.    8iip[«ru 

Clinton  and  Pitcher,  233.    Nominated  Surveyor  of  port  of  New- York,  33  J. 

Character,  334. 

o. 

OLCOTT,  THOMAS  V^,  perfects  the  Safety  Fwid  Project,  hiti  talents  and  cliaracicr, 

208-9. 
OLIVER,  WM.  M.,  clcc;ed  President  of  Senate,  3*J6. 

P. 

PATTERSON,  GEORCE  W.,  elected  Speaker,  504.    Re-elected  Speaker,  519. 
PEOPLE'S  PARTY,  13.    Recommend  convention  at  Utica,  158.    Their  triumph  at 

the  election  ii  1824,  175.    Its  materials  discordant,  1H3. 
PITCHER,   NATHAMEL,  nominated  for  Lieutenant  Governor,  233.    Elected,  235. 

Acting  Govcnor,  277.    His  disgust  at  the  nomination  of  Throop,  2S8. 
PORTER,  PETER  B,  appointed  Secretary  of  War,  character,  281. 
PRESIDENTIAL  E.ECTION,  result  of  canvass  in  1821,  157.    In  the  House  of  Re- 

presentativs,  United  States,  189-90.    Vote  of  the  members  from  the  State 

of  Yew-Yffk  on  that  question,  191. 

R. 

RESOLUTIONS.diapproving  of  Governor's  making  a  speech  to  llie  Legislature,  89. 
Substitte  for  same  offered  by  Mr.  McKown,  90.  By  Mr.  Morse,  to  abolish 
titles  pssed,  123-^1.  Reconsidered,  124.  Extending  right  of  suffrage,  and 
tlie  elction  of  Justices  by  the  people,  217.  By  Wardwell,  for  protecting  do- 
mestJ  manufactures,  265.  Respecting  surplus  revenue  of  United  States,  353. 
Aga.ist  re-chartering  United  States  Bank,  407. 

ROBINSON  PETER,  chosen  Speaker,  293. 

ROCHESTIR,  WILLIAM  B.,  resigns  his  office  aa  Circuit  Judge,  and  is  appointed 
Miister  to  Panama;  225.  Difficulties  in  selecting  a  successor,  225-8.  Nomi- 
na;d  for  Governor  by  Herkimer  Convention,  233. 

R0MAINE,5AMUEL  B.,  elected  Speaker,  87. 

ROOT,  ER  STUS,  elected  Lieutenant  Governor,  100.  Chosen  Speaker  of  the  Assem- 
b',  242-262.  Nominated  for  Governor  by  Working  Men's  Party,  332.  Op- 
fses  the  Jackson  Party,  411.  Elected  Senator  by  Whigs  of  the  Third  Dis- 
nct,  517. 

RUGGLES  CHARLES  H.,  appointed  Judge  of  Second  Circuit,  348. 

RUGGLE,  SAMUEL  B.,  appointed  Canal  Commissioner,  573. 

s 

SAFET  FUND  LAW,  projected  by  J.  L.  Forman,  237.     Bill  for,  becomes  a  law,  301. 
SANFGD,  NATHAN,  appointed  Chancellor,  111.    Chosen  United  States  Senator, 

911. 
SAVAE,  JOHN,  appointed  Chief  Justice  of  Supreme  Court,  111.    Appointed  United 

States  Treasurer,  and  declines,  282.    Resigns,  458. 
SEN/ORS,  the  names  of  those  first  elected  under  the  new  constitution,  and  remark* 

upon  tliem,  102, 


552  INDEX. 

SEWARD,  WILLIAM  IL,  elected  Stnte  Senator,  342.  NomFnated  for  Governor,  412. 
Also  4?o.  Elected,  4?G.  Some  causes  of  success  of  Ins  party,  487.  His  mes- 
sage, 504-8.    Also  .'519-2.3.    Re-elected.  iVi". 

SKINNER,  ROGER,  United  States  Judge  of  Northern  District,  death  and  character, 
204. 

SM.\LL  BILLS,  resolution  for  suppressing,  offered  by  Mr.  S.  S.  Lush,  329.  Bill  to  sus- 
pend act  suppressing  circulation  of  small  hank  notes  rejected,  470.  Act  lo 
prevent  circulation,  &c   suspended,  481.    Repealed,  509. 

SOUTHWIOK,  SOLOMON,  Anti-Masonic  candidate  for  Gova-nor,  250. 

SPENCER,  AMBRO.SK,  nominated  UiiilcJ  States  Senator  by  tie  Assembly,  191.  Pro- 
ceedings in  the  Senate  on  that  nomination,  191-9. 

SPENCER,  JOHN  C,  appointed  Special  Council  to  prosecute  those  concerned  in  the 
Morgan  outrage,  305.    Appointed  Secretary  of  State,  511. 

STATE  ROAD,  Commissioners  to  explore  route,  201.  Their  report,  2i3-23.  Bill  for 
constructing  same  rejected,  22-3. 

STEBBINS,  CHARLES,  chosen  President  of  the  Senate,  309. 

STONE,  WILLIAM  L.,  letters  on  Anti-Masonry,  339. 

SUTHERLAND,  JACOB,  declines  his  election  as  Suite  Senator,  B6.  Appointed  a  Judge 
of  the  Supreme  Court,  111.     Resigns,  455. 

SUYDAM,  JOHN,  his  character,  103. 

.T. 

TALCOTT,  SAMUEL  A.,  resigns  the  office  of  .Attorney  General,  93. 

TALLM.ADGE,  N.  P.,  elected  Stale  Senator,  323.  Elected  United  Uates  Senator,  432. 
Nominated  by  Assembly  for  re-election,  and  proceedings'n  Senate  on  that 
nomination,  512.    Re-elected,  523. 

TALLMADGE,  JAMES,  candidate  for  office  of  Comptroller,  115.  Ekcted  to  the  As- 
sembly, 132.  Nominated  Lieutenant  Governor,  173.  Electd,  1*5.  Opposes 
Gov.  Clinton,  184. 

THOMPSON,  SMITH,  appointed  Associate  Justice  of  United  States  fcapreme  Court, 
137.     Candidate  for  Governor,  2-5. 

THROOP,  ENOS  T.,  nominated  for  Lieutenant  Governor,  288.  Electa,  289.  Be- 
comes actmg  Governor,  306.  His  Inaugural  speed),  306.  IVtssage,  317. 
Nominated  for  Governor,  334.  Elected,  336.  Message  in  1K3I  344.  Mes- 
sage in  1832,  405.  Declines  a  re-election,  421.  Appointed  Ministr  to  Naples, 
485. 

TOMPKINS,  D.  D..  President  of  Convention  of  1924,  4.  Ceases  to  be  concrned  in  the 
politics  of  the  state,  84.    Remarks  on  his  character,  65. 

TRACY,  JOHN,  nominated  for  Lieutenant  Governor,  42:i.    Elected,  424. 

V. 

VAN  nUREN,  M.ARTIN,  re-elected  United  States  Senator,  246.  Non-coimittalism 
of  him  and  his  friends,  25.3.  Nominated  for  Governor,  287.  Ele^ed,  289. 
Message,  293-7.  Appointed  United  Slates  Secretary  of  State.  Rdgns  as 
Governor,  300.  Appointed  Minister  to  England,  407.  United  StatesSenate 
refuse  to  confirm  same,  410.  Nominated  and  elected  President,  405-.  His 
inaugural  speech,  lO-^-G.  First  message,  474.  Tour  through  New-Yo  ,  415. 
Causes  of  liis  defeat,  .328-31.     His  last  message,  532. 

VAN  NESS,  WILLIAM  W.,  his  death,  138. 

VAN  RENSSELAER,  SOLO.MON,  contest  about  his  appointment  as  Post  Masr  at 
Albany,  95. 


INDEX.  558 

w. 

WALWORTH,  REUBEN  H..  appoinU'd  Chancellor,  280. 

WARD,  JASPER,  resigns  his  seat  in  the  Senate,  having  been  cliargcd  wiih  bribery,  2I(J. 
WEED,  THURLOW,  his  character,  338-40.    Apuointcd  Suie  Prinicr,  «il. 
WELLS,  JOHN,  death  and  character,  la'i. 

WHIGS,  great  triumph  at  election  in  1837,  479.    Their  success  in  1639,  517, 
WILKINS,  SAMUEL  J.,  member  of  Assembly,  140. 
WOODWORTH,  JOHN,  appointed  Judge  of  Supreoie   Courl.  114. 
WORKING  MENS'   PARTY,  330. 

WRIGHT,  SILAS,  Jr.,  apiwinicd  Comptroller,  3m.  Elected  T.'iiited  States  Senator, 
434.     Re-elected.  4Go. 

Y. 

YATES,  JOHN  VAN  NESS,  appointed  Secretary  of  Stale,  114. 

YATES,  JOSEPH  C,  candidate  for  nomination  for  Governor,  !»S.  Nominated  in  cau- 
cus, 100.  Elected,  101.  His  Message,  107.  Noniinatrf  Spencer.  I'latt  and 
Woodworth,  Judges,  of  Supreme  Court,  108.  Their  nomination  rejected  hy 
Senate,  109.  Causes,  109.  Message  in  l^'il,  140.  Opposes  an  electoral  law. 
Ml.  Becomes  unpopular,  151.  His  disappointment,  ItJO.  Calls  an  Extra  Ses- 
sion of  Logisl.iture,  lO'j.    Proceedings  of  l.*gislature  wlien  convened,  168. 

YOUNG,  SAMUEL,  candidate  for  nomination  fur  (iovemor,  99.  Nominated  for  Gov- 
ernor, 150.  His  lettert- to  Hudson  and  Jesse  Dark,  174.  Elected  Siieaker  of 
the  Assembly,  444.  His  cours^e  in  Si'natr  r(l;:tive  to  internal  improvcnie;il», 
and  State  expenrlitiire,  5.'>7-*-'. 


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